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Original poster

Estate agent query

19 replies

toddlermum27 · 24/04/2023 18:51

Looking for advice on how estate agents work.

We were shown round a house by estate agent a - they introduced us to the house/ sellers.

Sellers are now with estate agent b who we have had no interaction with.

If we wanted to make an offer, could we do this directly to the seller or is their contract to only sell via estate agent b?

Does estate agent a benefit if we buy the house because they introduced us, even though they are no longer the estate agent?

Thanks

OP posts:
Saz909 · 24/04/2023 19:42

You would have to do this via the first estate agent as they will have something in their contract which states if someone previously introduced by them makes an offer, they get the commission, not estate agent b

Original poster
toddlermum27 · 24/04/2023 20:01

Thanks. So would we make an offer to estate agent a, or call estate agent b but estate agent a would get the commission?

We don't want the sellers to have to pay two lots of commission (because that would make us unattractive buyers), but we also have various queries which estate agent b would be able to help us with to inform whether to make an offer, could it then be argued the offer has only come about because of the work done by estate agent b so they then get the commission?

For various complicated reasons we don't get on with estate agent a - but wouldn't let that prevent us from buying this property.

OP posts:
LizHoney · 24/04/2023 20:10

Why not write to the buyers directly to put your offer? Let them work out the logistics/legalities.

Whatevergetsyouthroughthenight · 24/04/2023 20:13

Book a second (or thrird) viewing with estate agent B and ask your questions.

Original poster
toddlermum27 · 24/04/2023 20:15

@LizHoney interesting... is that an option even though there are estate agents currently instructed?

OP posts:
BarkyMatherson · 24/04/2023 20:16

You don’t know what their contract is, go with the agent you like!

IhateJan22 · 24/04/2023 20:17

There will be a clause in the first estate agents contract that if anyone they have introduced goes onto to put an offer in, the sellers have to let them know and pay the fee to them.

SheilaFentiman · 24/04/2023 20:18

is it dual listed ie on with both agents?

LizHoney · 24/04/2023 20:23

toddlermum27 · 24/04/2023 20:15

@LizHoney interesting... is that an option even though there are estate agents currently instructed?

You didn't sign any contract, it's the sellers' obligation not yours. PP may be quite right there's a clause that means they have to pay Agent A, but who knows. If you go to Agent A then surely that seals it.

If you feel vehemently about it is there any harm in saying to them "I think [Foxtons] are so dishonest I won't deal with them, but if you can guarantee I can deal with the others then I have a good offer to make". Prepare for that to get back to the agents, but it all depends on why you feel as you do and how strongly.

Original poster
toddlermum27 · 24/04/2023 20:45

Thanks all. It's not dual listed. We do feel strongly about agent a so approaching sellers directly and letting them work out the details seems a good way to go.

OP posts:
mondaytosunday · 24/04/2023 23:28

The sellers pay the agents, and there will be something in their contract that they must pay the original introducing agents.
I would not approach the sellers - that is what they are paying their agent(s) for. Call
The second agents, explain that you had seen the house with the other agents but want another viewing/put in an offer. Let them figure out about the commission - which would be payable even if you approach the sellers direct.

Twiglets1 · 25/04/2023 06:50

Agent A will end up getting the commission because they introduced you to the sellers.

This happened with us but from the sellers side. We listed with an agent A then changed to another agent B. Someone who viewed it in the early days via Agent A put in an offer several weeks later, after we were listed with B. But the money we paid in commission ended up going to estate agent A.

Original poster
toddlermum27 · 25/04/2023 16:56

@Twiglets1 thanks - so you didn't have to pay 2 lots of commission? It just all went to agent a?

OP posts:
Twiglets1 · 25/04/2023 17:17

toddlermum27 · 25/04/2023 16:56

@Twiglets1 thanks - so you didn't have to pay 2 lots of commission? It just all went to agent a?

Yes that’s right

Mildura · 25/04/2023 17:19

There is a little bit of grey area around all of this.

It essentially comes down to what's known as 'effective introduction.'

If agent B had produced some noticeably better photos and marketing material, and perhaps combined with a change in the listing price it could be argued that their efforts had caused you to be 'effectively introduced' to the property as a prospective buyer.

If you had only viewed with agent A, and they were not effective in encouraging you to submit an offer, their case weakens a bit.

It's not cut and dried one way or another.

2bazookas · 25/04/2023 17:22

Contact the buyers and ask them.

Original poster
toddlermum27 · 25/04/2023 18:31

Thanks all. @Twiglets1 was there a big argument between the estate agents? Did it delay the sale?

OP posts:
Twiglets1 · 25/04/2023 18:35

toddlermum27 · 25/04/2023 18:31

Thanks all. @Twiglets1 was there a big argument between the estate agents? Did it delay the sale?

Not at all. I think this is a situation that crops up from time to time so they know how to deal with it. No delay and no arguments.

Original poster
toddlermum27 · 25/04/2023 19:09

Ok thanks!

OP posts:
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