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Estate agent unwilling to renegotiate commission

31 replies

Kaylady · 06/02/2024 20:04

Hi everyone,

I’m after some advice/opinions so would appreciate some insight. Sorry it’s a long one!

We listed our house under an independent estate agent under a sole agency contract at 1.25%+VAT commission.

We have had the sale of our house fall through 4 times and have generally been unhappy with the estate agent and parted ways just before Christmas.

We settled our invoice for photography costs in January and have been merrily on our way engaging with new estate agents with a view to appoint someone new in April (after we have addressed some issues that came up on a previous buyers survey).

I then received a call out of the blue last week from the EA to advise me that buyer number 3 wants to know if the house is for sale as they had just had an offer accepted on their property with a first time buyer.

I informed them that our house was off the market and if we are looking to relist, it would be at the original price point we initially listed at (we had to reduce the house price by 25k so the house wasn’t buried in the listings again).

I advised them that the chain was too unstable at this point to entertain anything so for them to contact us again when their buyer had their mortgage offer. I reiterated that the house was off the market and we weren’t looking to list anytime soon so we’re not showing it to anyone else.

Immediately the pressure tactics were applied ‘they will look elsewhere’ ‘you’ll spook the buyer’ etc and I stopped engaging with them.

I then receive 2 emails, one to say they are formally offering on the house and the second to follow up that they are engaging with ‘our buyers’ estate agents to get information required!

I emailed and pointed out that while I was grateful they were liaising with the EA, we don’t have an active contract and therefore we haven’t appointed them to work on our behalf.

I asked if they would be willing to renegotiate their commission based on the current market and to something that was more competitive (1%+VAT) and we would reappoint them and requested a new contract to be issued.

I received an email stating that their clause in their original contract stating if they introduce a buyer to us, we’d be liable to pay them if it went through another estate agent we appointed. I understand this, but they are unwilling to entertain a lower commission.

I then received an email from my solicitor saying they had been advised we were going ahead with the sale and they wanted to double check that was the case! Pardon me?!

I stated I was not willing to go ahead with this buyer unless they reduced the fee and they said, too bad, they can’t go ahead for less than 1.25%+ VAT.

For additional context, the marketing was superb but the premium service we were sold at the time of appointing didn’t come to fruition. The first thing that irked me was when buyer 1 visited the house to look around when we were home then pulled their offer later that day. The owner of the company called to tell us he pulled out and asked US what we said to him that would make him pull out of the sale!! The cheek! We have also felt like they were negotiating with US to lower our price and what we should accept because the market was bad, vs pushing back on the buyers demands (replace all double glazing which is 10 years old so hasn’t reach end of life yet and to line flues for chimneys not in use etc!)

The 4th and final ‘buyer’ lowballed us after their survey and we had to instruct a structural engineer to counteract their surveyors structural claims. Our EA was chasing US on the status of the report, and didn’t even think to chase the buyers on the status of their mortgage application (spoiler, they hadn’t applied for one after 3 months of putting in their offer and nothing structurally wrong with the house!)

It’s been a long running calamity and I was relieved to not have to deal with them.

Am I the one being unreasonable in asking them to review their commission based on the previous service?!

I’d appreciate your views!

OP posts:
Elektra1 · 07/02/2024 06:12

This would piss me off massively but the EA is right that if you end up selling to these buyers through another EA, you'll still be liable for first EA's fee at the contracted rate.

The prime selling season for houses is about to start so if you're confident you'll get other offers, now's the best time. Just make it clear to any new EA that you will NOT sell to these particular buyers because you'd be liable for the first agent's fee. In fact, I'd get the names of all the potential buyers the first EA showed the house to, and give the whole list to the new EA as blacklisted buyers.

ColleenDonaghy · 07/02/2024 06:45

How likely are you really to get another buyer at a higher price with the new agents? The market is dead here, nothing is moving. How badly do you need to sell? How big a problem is it if you move agents and don't sell? Forget about agents, do you need this buyer?

PickledPurplePickle · 07/02/2024 06:58

YABU you signed a contract, they are following the terms of that contract, you don’t get to renegotiate mid contract

It sounds like you are cutting your nose off to spite your face

BroughttoyoubyBerocca · 07/02/2024 08:50

I’m confused, who issued the memorandum of sale? the prospective buyers, that have carried out surveys, have they come via this agent? If so I think you have suck it up.

my understanding is that the property has to be off the market for a set period of time before re marketing with another agent or a private sale.

eurochick · 07/02/2024 10:35

You are not obliged to sell anyone you don't want to so just say no. The property is off the market and you are not interested. End of story.

To the person who said you can't negotiate after you have signed a contract, that is very naive. It happens all the time. If the OP is not desperate to sell to these people she holds all the cards here. The EA can have 1.25% of zero or 1% of the sale price.

friendlycat · 07/02/2024 14:56

Netaporter · 07/02/2024 04:43

@Kaylady if you cut ties with the EA, you need to formally request a list of the interested buyers they had on your specific house and a list of the viewers. You then need to pass this list onto any new EA to avoid the double commission whammy moving forward.

I agree with this.

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