Previous estate agent rang, someone wants a second viewing after I've changed agents

[mamas12]

Where do I stand if it turns a buyer (fingers crossed)
I have emails confirming notice to terminate first estate agent contract at end of January
My house is now on the market with another agent
The first agent has rang to say that someone who came to view in January wants to come back for a second viewing.
Do I renogotiate a new percentage, or does the old contract still stand?
What about my new agent?
I've never been in this situation before and will not want to be forking out two lots of agent fees

Depending upon the terms of the contract with your new agent, they are likely to prohibit this and you would be in breach of contract and be liable to pay them a fee as well as your old agent.

I would be wary that this is a tactic by your old agent to get you back on their books.

If the buyer is serious they wouldn't be put off by having to have a second viewing through the new agent.

Ask the old agent to send the buyer on to your new agent or give the details direct to you to pass on.

Oh no I've sort of agreed to a viewing as they told me that it is their right as the viewer came through them first.
That's why I'm questioning it now
I shall phone new agents in the morning then and look out for the contract

If the old agent introduced the buyer they will more than likely be entitled to commission. Check the contract

I've just read the old contract and it does say something about that allislost
I'm still looking for new agents contract, I've started packing up to de clutter in the hope of a sale.
Surely this happens a lot and I won't be liable to pay two agents fees?

It very much used to be the case that the agent who introduced the buyer originally (the first one in this case) was the one due the commission should they end up buying it. I don’t think this has changed.

Their right?

What right? You have terminated their contract end of January haven't you? It'll be March in less than 60 hrs time!

Check the terms of both contracts. They may well end up sharing the commission, and the commission being higher than it would otherwise be.

Just checked with DH involved in property - he says first agent due the commission as they introduced the buyer during their sole agency. It’s the initial introduction which is key, and nothing to do with the second agent.

Ooh this happened to me! She ended up buying my flat. I paid each agent half of the single-agent fee (which I think must have been the same for both agents).

I did worry about it and got my solicitor to write the agreement up so that I couldn’t be stung for two fees but it was fine. Both agents were local outfits and were very co-operative. I hope it’s the same for you!

I'm confusedg

Thanks for all your thoughts
I'm hoping that they will be civil and sort it out between them and I inly end up paying them a share of the original fee
But, the price has been reduced so I hope the original agent doesn't want the % of the price that it was on their books

The estate agenr has no "right" to show anyone round your property.
they might have a right to claim commission on a buyer that they introduced

There may well be something in the original agent's contract that if it sells within 6 months to someone they introduced they are entitled to the fees. But that's the problem with changing agents, you may be liable for two sets of fees. I would check the position carefully before the viewer comes round.

OP, they may sort something out between them or they may not. But just be clear that the initial agent would be due their fee as the introduction to your house was by them. The subsequent appointment of the new agent doesn’t wipe out that initial sole agency agreement.

The % fee you pay is on the final sale price not the marketing price. So if you are on the market at £325,000 and accept £295,000, the fee is calculated on the £295,000 sale price.

It’ll all depends on the terms of your contracts. It’s usually the agent that introduces the buyer that gets the fee and depending on what fee you agreed to it’s either a % of the agreed selling fee or the fixed fee as agreed.

It depends on the terms of your contracts with both agents.

Don't rely on "hoping" they will be civil - why would they be? Read both contracts, speak to the new agent and don't let the viewing happen until you are 100% clear on your obligations.

Assuming the contracts are fairly standard, the viewer is the first agent's introduction so the second agent won't be involved. If you let the viewing go ahead (and I'd think it would make sense to), you'd deal with the first agent under the contract you had with them.

It would be different if you had appointed two agents and the buyer came in during that time - that's when you can pay a higher fee and/or the agents sort it out between them.