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Estate agents...

Estate agents...

Old Nov 17th 2004, 10:09 am
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Default Estate agents...

Hi all

I hired my estate agent in June 2003 and terminated them in writing in March 2004. Ten weeks later they try to introduce a new buyer and I turn them down. Two weeks later he calls me direct and we start negotiations. After all this time we are just getting around to (maybe) doing a deal. The estate agent wants their commision!

Were they wrong to try and introduce a buyer out of contract? Are they entitled to ask for commision even though I told them I didnt want to use them and had a new agent?

My buyer also tells me he wasnt introduced by them. (and will put it in writing)
Would I be right in assuming that I dont have to pay them as 8 months have gone by since they were terminated in writing?

Very confused and about the subject of estate agents.

Phil.

Last edited by philj6969; Nov 17th 2004 at 10:16 am.
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Old Nov 17th 2004, 10:12 am
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Default Re: Estate agents...

Phil, is this in Australia or UK?
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Old Nov 17th 2004, 10:13 am
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Default Re: Estate agents...

Its in UK.

I am flying to Brisbane on the 30th of this month, one way
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Old Nov 17th 2004, 10:34 am
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Default Re: Estate agents...

Originally Posted by philj6969
Its in UK.

I am flying to Brisbane on the 30th of this month, one way
Depends entirely on what the small print in your contract says....Every estate agent seems to have different wording....
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Old Nov 17th 2004, 11:11 am
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Default Re: Estate agents...

from memory the small print said "any buyer the agent introduces whilst in contract or for 6 months thereafter, who purchases the property will cause payment of commission to be raised against the seller"

Ok, its not exact but its what the agents means with dozens more words.
I hope the "6 month" bit helps, if not its the "agent introduces" as I turned them down. Even if I had accepted the prospective buyer, more than 6 months have passed anyway???

If anyone has experienced similar I would like to hear from them, espacially as I am selling for 33% LESS than the agent set the asking price at.

Phil.
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Old Nov 17th 2004, 12:16 pm
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Default Re: Estate agents...

Originally Posted by philj6969
from memory the small print said "any buyer the agent introduces whilst in contract or for 6 months thereafter, who purchases the property will cause payment of commission to be raised against the seller"
Assuming this is what was actually in the contract. I think this is where you'll hit your problem. As the potential buyer was introduced to you only 10 weeks after the contract ended, its within the 6 months and therefore you'll be liable for charges. Mind you the agent has to prove they introduced them to you, like showing their name in the appointment book. Unfortunately as my solicitor told me there's nothing to stop the agent adding their name in now as you can't prove it wasn't there before.

It's a tricky one...check your contract and talk to your solicitor.

Good luck gal

Petra
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Old Nov 17th 2004, 3:26 pm
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Default Re: Estate agents...

Originally Posted by artep
Assuming this is what was actually in the contract. I think this is where you'll hit your problem. As the potential buyer was introduced to you only 10 weeks after the contract ended, its within the 6 months and therefore you'll be liable for charges. Mind you the agent has to prove they introduced them to you, like showing their name in the appointment book. Unfortunately as my solicitor told me there's nothing to stop the agent adding their name in now as you can't prove it wasn't there before.

It's a tricky one...check your contract and talk to your solicitor.

Good luck gal

Petra
I asked the estate agent *not* to introduce the buyer. This estate agent has told some whopping lies to me to get out of trouble too, like the time his secretary faxed the first survey's summary to the second surveyor..no second survey and one sale blown. Denied it of course

But what if I just get on the plane?? (fingers in ears, ready for loud replies)

Phil.
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Old Nov 17th 2004, 6:46 pm
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Default Re: Estate agents...

Originally Posted by philj6969
from memory the small print said "any buyer the agent introduces whilst in contract or for 6 months thereafter, who purchases the property will cause payment of commission to be raised against the seller"

Ok, its not exact but its what the agents means with dozens more words.
I hope the "6 month" bit helps, if not its the "agent introduces" as I turned them down. Even if I had accepted the prospective buyer, more than 6 months have passed anyway???

If anyone has experienced similar I would like to hear from them, espacially as I am selling for 33% LESS than the agent set the asking price at.

Phil.
The six months almost certainly refers to a buyer that is introduced during your agency agreement that purchases up to six months after. So if they introduced within their agency agreement and the buyer comes back 6 months and one day later they can't claim, since they introduced after your agency agreement has finished then I can't see how you are liable.
Estate agents are having a very hard time now the market is crumbling (rightfully so) and are going after easy targets to get revenue in.
Tell them to get stuffed.
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Old Nov 17th 2004, 6:59 pm
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Default Re: Estate agents...

Originally Posted by steveyp
The six months almost certainly refers to a buyer that is introduced during your agency agreement that purchases up to six months after. So if they introduced within their agency agreement and the buyer comes back 6 months and one day later they can't claim, since they introduced after your agency agreement has finished then I can't see how you are liable.
Estate agents are having a very hard time now the market is crumbling (rightfully so) and are going after easy targets to get revenue in.
Tell them to get stuffed.
Yeap have to agree tell them to pee off! The deal is only if they introduced during the contract. They cover their backs by adding in the 6 month rule to ensure that no one can get away without paying the fees if the buyer that they introduced strikes a deal with the seller, who then cancels the contract to sell privately to the buyer.

It is a hard one to prove but if the buyer is willing to back you and it was AFTER the contract was up that the agent tried to introduce you then they are seriously clutching at straws. Tell them you'll complain to the NAEA (The National Association of Estate Agents) for their poor conduct in their bully tactics manner and include the details about the previous sale that they lost you!

Good luck

Sasha
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Old Nov 17th 2004, 7:49 pm
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Default Re: Estate agents...

Originally Posted by philj6969
I asked the estate agent *not* to introduce the buyer. This estate agent has told some whopping lies to me to get out of trouble too, like the time his secretary faxed the first survey's summary to the second surveyor..no second survey and one sale blown. Denied it of course

But what if I just get on the plane?? (fingers in ears, ready for loud replies)

Phil.

Just get on that plane !!!!!!!
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Old Nov 17th 2004, 9:17 pm
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Default Re: Estate agents...

I can't advise you on your contract issue but can tell you that we also have had many problems with our estate agent and after 4 weeks enough was enough- we asked to be taken out of the contract and they said no. So we emailed the senior directors and cced in the estate agents ombudsman and hey presto within 24 hours we were released from the contract.

If you want the ombudsman details then let me know and I'll get them for you.

These estate agents will really mess you about unless you get tough with them

Nat
PS oh yes and the moral to this story is that within 2 days of being with a new agent, we sold the house !!!!!
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