Private house sale snubbing Estate Agent

[Uncle C]

A friend has had massive problems with a bad Estate Agent, but was trapped in a 3 month contract.
Eventually the Agent sent someone round who made a low offer, that wasn't acceptable.
Those same purchasers knocked on my friends door today and made a private bid which was OK.

I think my friends will have a battle with the Estate Agent for his fee - what do you think?

 

[sod1]

A friend has had massive problems with a bad Estate Agent, but was trapped in a 3 month contract.
Eventually the Agent sent someone round who made a low offer, that wasn't acceptable.
Those same purchasers knocked on my friends door today and made a private bid which was OK.

I think my friends will have a battle with the Estate Agent for his fee - what do you think?

what would happen if they tell the estate agent that they dont want to sell any more ?

 

[Yorkie]

Has he finished his three month contract yet?

 

[The Mole]

Unfortunately the estate agents will claim their fee whether they introduced the purchaser or not.

The immoral feature of this case is that they will claim a larger commission as the sales price is higher.

When we sold our flat we ended up doing all the work - took the pictures as the ones the agent took were awful, re-wrote the brochure so that people would want to look at our flat and even produced a separate brochure which we tailored for particular buyers. But when we did sell the estate agent walked away with a very nice fee for doing bugger all.

 

[Uncle C]

Has he finished his three month contract yet?

About 1 week to go.

 

[seagullsslimjim]

if he's out of the 3 month contract they will not have to disclose who the buyer is.

Also as they will be using just a solicitor anyway they will be able to offer the legal details on where they stand

 

[Uncle Spielberg]

If they introduced the clients within the 3 month contract period they will fight tooth and nail to claim their commission you can believe that.

 

[Uncle C]

If they introduced the clients within the 3 month contract period they will fight tooth and nail to claim their commission you can believe that.

This would be my take on it.

My friends have had such bad luck (he has heart problems and has been forced to give up work) and are selling up to downsize to a static caravan.

They were so happy when they rung to say they have sold privately that I dont have the heart to burst their bubble about the commission.

 

[Uncle Spielberg]

I think you will find if they introduced the clients to them within the 3 month contract which would be pretty easy to prove the fact the contract is now over still entiitles the estate agent to their commission if a private sale is subsequently agreed.

 

[Yorkie]

After next week, the three months is up. How will the estate agents know who has bought the house?
If these people wait a week are they ok?

 

[Uncle Spielberg]

The Land Registry will have the new buyers names on the register.

 

[Yorkie]

Thanks. That did cross my mind after I posted.

 

[Lady Bracknell]

Since the agent did actually introduce the buyers, it's difficult to see how they aren't entitled to some commission given that the vendors wouldn't otherwise have been put in contact with the people now trying to transact a private sale.

They could always tell the estate agent they are selling privately and have taken the house off the market but I bet there are ways that the estate agents can find how who the purchasers are.

Edited to say "what Uncle Spielberg said".

 

[Uncle Spielberg]

And in a tough market you can bet the estate agents will be fighting for every penny.

 

[Herr Tubthumper]

And in a tough market you can bet the estate agents will be fighting for every penny.

But equally if they are a bad estate agent they will not want their incompetence aired via a court case.

In my mind you have two issues here. The first is whether the second bid constitutes a new and separate offer. If it does then the estate agent has no claim on it. The second is the issue of the quality of the service. If the service was so bad then you can refuse to pay them on these grounds.

Through my own personal experiences with estate agents I have found an excellent lawyer who will be able to answer these questions. Please PM me if you need his details.

 

[seagullsovergrimsby]

The small print in the contract will state the circumstances in which the estate agent can claim their commission. If they send people round to view within the period the contract is in force and subsequently they purchase it after it has been taken off the agents books the agent will say that they have introduced them during the period you were a client. Take advice from a solicitor as your argument is that they have NOT provided a service thus making any agreement invalid.

some estate agents are just a bunch of

 

[Buzzer]

A friend has had massive problems with a bad Estate Agent, but was trapped in a 3 month contract.
Eventually the Agent sent someone round who made a low offer, that wasn't acceptable.
Those same purchasers knocked on my friends door today and made a private bid which was OK.

I think my friends will have a battle with the Estate Agent for his fee - what do you think?

Get the conveyancing solicitors to go over the contract with a fine toothcomb. IF the estate agents are as bad as you say they are AND both buyer and seller have been let down AND singing from the same hymn sheet then it SHOULD be fairly easy to prove breach of contract. Well worth spending a few hundred quid to save a further grand or 2 grand.

 

[Herr Tubthumper]

The small print in the contract will state the circumstances in which the estate agent can claim their commission. If they send people round to view within the period the contract is in force and subsequently they purchase it after it has been taken off the agents books the agent will say that they have introduced them during the period you were a client. Take advice from a solicitor as your argument is that they have NOT provided a service thus making any agreement invalid.

some estate agents are just a bunch of

Some?

 

[seagullsovergrimsby]

Some?

Yeah, 99.99 % of them.

 

[Stumpy Tim]

Yeah, 99.99 % of them.

Don't agree with that whatsoever. I've used plenty of agents, both in Sydney & Brighton, who have been excellent. Waterside Properties were excellent in the marina, Fox & Sons (I think it was) up at FiveWays were excellent, and the agent who sold me my current house in Sydney was an absolute gem.