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Original poster

What's the etiquette here with EAs?

21 replies

Magsmerde · 12/08/2017 14:06

Ok so we're selling our house with EA 1 for 425k.

They're a big corporate suited and booted type of firm and have been ok. Lots of viewings and lots of contact and a couple of offers. The young lad who has been our point of contact has been very easy to get in touch with and is a nice guy, if a bit lacking in personality.

Here's the thing..... we've put a booking deposit down on a house. That EA (EA2) is a gruff hearty old school country EA with loads of personality. People like him, we like him, he's been great at assuring us there's no hurry to exchange as the vendors will wait and we have a lot of interest in our house. He's determined to make the deal and we're glad of it!

We got an offer through EA1 last week of 410k which we rejected.

We just got a call from EA2. We got a fright as it's Saturday, we thought our dream house had fallen through! But to our suprise it seems 410k guy had disliked dealing with EA1 and had gone to EA2 and asked him if he could re-offer at 410. So EA2 was ringing us trying to make a deal!

We said not at 410. We'd take 420 at a pinch but we stressed we had other parties interested. We were neutral. EA2 boomed "Leave it with me! I'll get you 420 from him! And keep this under your hat!"

WTF is the etiquette here?????

If we accept, then EA1 will get no commission. They'll be naturally very very pissed off. But 410 guy just doesn't like them, end of.

Could we in all conscience accept an offer from an EA who hasn't done any of the marketing or work?

OP posts:

DPotter · 12/08/2017 14:16

I think you'll find the first estate agent could claim the commission as well as he will claim the introduction. better check what type of contract you have with the agency.

innagazing · 12/08/2017 14:19

No, I don't think you can while you have a legal contract with EA1.
EA1 would probably sue you and EA2.
Must be quite a common occurrence.

abbey44 · 12/08/2017 14:28

There's nothing to stop you accepting the offer through EA2, but you can bet your boots that EA1 will be claiming the commission as he (1) introduced the buyer and (2) has you under contract. Check the small print.

Mind you, if you get the increased offer, it will more than cover the commission, though, and still leave you in pocket...?

Original poster

Magsmerde · 12/08/2017 14:29

It makes it bloody awkward though. What if he comes back with 420? Are we supposed to refuse it when that guy is the closest EA1 has gotten to asking price and he left them?

We simply might not get that much with EA1.

Another complication is that we don't want to cause bad feeling with EA2 as he's keeping the vendors of our dream house on ice until we're proceedable.

OP posts:

Original poster

Magsmerde · 12/08/2017 14:31

Nothing we've received from EA1 refers to anything about this situation. It just sets out the fees etc.

OP posts:

NipInTheAir · 12/08/2017 14:36

EA2 has been abominably unprofessional. Actions speak louder than words. He may well stitch you up over your dream house just as he's stitched up EA1.

You will probably be liable to pay bit h agents commission due to this btw. So 1.5% to each. That's £6.300 off your extra £10k.

I would not deal with EA2. He is a shark.

There is no etiquette btw only your contractual liability to EA1.

NipInTheAir · 12/08/2017 14:39

EA2 btw is keeping the vendors of your dream house warm until a higher offer from more proceedabke buyers comes along. Meanwhile he's stitched up EA1 and tried to get you to breach your contract with EA1.

Original poster

Magsmerde · 12/08/2017 14:43

I have no intention of paying two commissions!

I am very uncomfortable about this. I have no idea whether it was a coincidence 410 guy sought out EA2 or if they knew each other before, or whether EA1 remarked in conversation at the viewing where we were moving to (which is normal small talk, that wouldn't bother me) and he looked at what was for sale in that area and who represented most properties and zeroed in on EA2 on purpose.

But it's a development that's kinda unwelcome.

Should I phone EA1 and tell him we got an offer from an unnamed EA?

OP posts:

hellsbells99 · 12/08/2017 14:46

Your potential purchaser is also out of order. Of course he cannot make the offer through an agent that isn't acting for you. EA1 are your agents, they have spent money advertising your property and on administration. You will be liable for their commission.

Doje · 12/08/2017 14:47

I'd also question your buyer. There's going to be a lot more difficult people to deal with throughout the rest of the buying process. If he flakes out at dealing with EA 1 who is nice and just lacking in personality, what's he going to do when solicitors and queries start coming up?

Original poster

Magsmerde · 12/08/2017 14:50

I don't know what his issue is with EA1. I suspect it's cos they just went "Yeah they rejected it" and left it at that whereas EA2 would have said "don't worry, leave it with me, I'll make a deal for you!" In other words the exact way he was with us. He's a buyer's EA. I mean, he was offering the same so seemed to think EA2 would get him 410 just with the force of his personality!

OP posts:

IndianaMoleWoman · 12/08/2017 14:54

The buyer is acting really, really weirdly. Who gives a shiny shit whether or not they like the EA? It's about the right house at the right price, not an oily salesperson. Ask your EA to contact this buyer and ask if he's considering a higher offer. If he is, surely he won't care which agent takes the money.

BreakfastAtSquiffanys · 12/08/2017 14:55

You'll be liable for EA1's fee regardless as he introduced buyer, and EA2 might want something too.
EA2 should know that this is not the right way to do business.

It's in EA2's interest that you accept an offer on your house, so that you can buy the house that HE gets commission on

catkind · 12/08/2017 14:55

Weird. You don't have a contract to sell with EA2, so don't see how you could owe them commission. Are you sure he's not just trying to hustle things along to get his own sale (your purchase) through?

Scrumptiousbears · 12/08/2017 14:58

EA1 gets the commission. EA2 would know this and is massively being a prick.

Love51 · 12/08/2017 15:01

I sacked off an EA as they were shite. I had to wait 30 dats before another reputable firm would market my property, as per the contact. When my sale fell through the ea of the place I was buying offered / pressed to go duel agent. I declined and luckily my ea got another buyer in a few days.
Is ea 2 even your ea? You can't owe hum,but you will owe ea 1.

Original poster

Magsmerde · 12/08/2017 15:03

Oh I have no doubt EA2 sees this as the perfect solution for everyone. Except EA1!

And I don't really blame him for exploiting an opportunity that has literally fallen in his lap.

The reason we don't have a contract is cos we were initially selling the house with EA1 a different way, that didn't work out and we put it on open market but they never sent us an open market contract. However that doesn't mean they can't contend they are owed commission somehow!

Should I contact EA1?

OP posts:

0hMyDayz · 12/08/2017 15:09

Ex EA here. I would bet my last penny that if EA1 are Corporate they will have tied you into a robust Sole Agency agreement, if they have then they will be able to charge commission as they 'introduced' the buyer to your property. EA1, as your agent have done exactly what you've asked them to do, declined the 410k offer, unless you counter offered, they have no need to enter into any further discussion with 410k guy, their job is to get you the best offer! EA2 is unprofessional, he knows he is placing you in an awkward situation but he is trying to facilitate a deal where he gets his client an offer! I would speak to EA1.

Bellaposy · 13/08/2017 19:24

EA1 would get the fee - you get the fee for introducing the buyer not actually securing the sale believe it or not.

JeffreySadsacIsUnwell · 13/08/2017 21:42

I guess it's possible that EA2 will be doing the negotiations with the buyer, assuring him of your willingness to accept £420k, but telling the buyer that once it's accepted, he needs to go to EA1 with that offer. It may be that the buyer doesn't trust EA1, doesn't believe the offer of £410 was put to you, etc.

EA2 may be quite happy to do behind-the-scenes securing of your sale without a fee if it secures your purchase/the sale of his client's property and thus his commission. He's unlikely to be holding out for a higher offer in this market - much more interested in getting the transaction completed ASAP and with a big SOLD sign with his agency name all over it outside the property.

Our EA stepped in lower down the chain. Our buyers sold with the same EA, but their buyers were with a different (well-known shark) agency. Our EA ended up having to smooth over a lot of things with their buyers, who were selling with a third EA. All got bloody complicated! But actually our EA was pretty good and with two of us (the ones with the highest valued properties) at the top of the chain, our EA had a huge stake in making sure that the properties at the bottom sold... They did a lot of handholding with our buyer's buyer.

JeffreySadsacIsUnwell · 13/08/2017 21:51

OTOH, the EAs acting for our vendors were absolute shysters. They would totally have screwed anyone over if they could have done so... I guess you need to make a character judgement call. I'd still wait to see if the buyer gets referred back to EA1 by EA2 with the revised offer first though.

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