Estate Agent claiming sale
Discussion
Sir Bagalot said:
EA2 are after their fee. They will say whatever to get their commission. Carry on like this you sell, pay EA2 their commission.
A month later EA1 pays LR £3 and gets owners details. If they did introduce them they then sue you for their due commission. EA2 won't want to know.
There really is only one thing to do, get EA2 to talk to EA1 and come to an agreement between them as to who gets what. And get that agreement in writing from them, without it I wouldn't exchange, or be prepared to pay double commission
This. And what Frank said. I can't believe people are advising any different to be honest. EA1 is due a fee.A month later EA1 pays LR £3 and gets owners details. If they did introduce them they then sue you for their due commission. EA2 won't want to know.
There really is only one thing to do, get EA2 to talk to EA1 and come to an agreement between them as to who gets what. And get that agreement in writing from them, without it I wouldn't exchange, or be prepared to pay double commission
I agree 100% that Agent 1 gets the fee, it's a risk you take as an agent when you take a house that has been on previously with another agent. Please make sure your solicitor is aware of the situation and tell him in writing not to release any funds on completion to either agent until instructed to do so.
Have him keep the fee (plus vat) in his client account until resolved.
Make it Agents 1's job to resolve this, let him know that you think he has a claim. Also tell Agent 2 you are not prepared to proceed with a sale until you are told the identity of the buyer and receive a full memorandum of sale.
Good Luck
Have him keep the fee (plus vat) in his client account until resolved.
Make it Agents 1's job to resolve this, let him know that you think he has a claim. Also tell Agent 2 you are not prepared to proceed with a sale until you are told the identity of the buyer and receive a full memorandum of sale.
Good Luck
hornetrider said:
This. And what Frank said. I can't believe people are advising any different to be honest. EA1 is due a fee.
I think there's two possibilities here:1) EA2 Is withholding the name because:
a) They know that EA1 introduced, or:
b) They know EA1 has form for 'fishing'.
2) EA1 has asked because:
a) The have strong reason to believe that they introduced the buyer, for example contacting the buyer, offering them a different house, and finding out by chance, or
b) They are fishing.
The OP needs to protect himself from either possibility.
EA1 may just be fishers who make money by simply having a long list of registered viewers. They may not have even shown the buyer around, but might argue that they 'talked about' the property to the buyer.
Either way EA2 is covering their own arse at the expense of the OP.
I think a highly reasonable situation would be for EA1 to reveal who they think has bought the property - hence the fishing scenario is smoked out, and then if they come up with a name, challenge EA2 for the name of the buyer.
If they say no, then clearly, it is going to be revealed on contract exchange date anyway for the s
t to hit the fan when it's too late.hornetrider said:
Given that EA2 is quoting the DPA as a reason for withholding the buyers name(!) I'd say the whiff is coming from their direction, wouldn't you?
It might Chinese Whispers. They may have quoted the DPA as the reason not to reveal the identity of the buyer to the other agent. That would make more sense.Other than that, I agree with you. That said, it may be that EA2 is bulls
tting because they know that EA1 is a fisher. That would mean they are both not that great!
Small update.
We both went to Citizens advice and TBH Im not sure they were much help, however, upon hearing that we were at CAB EA1 seem to have backed off a bit.
Following that both EAs were on the phone to us, my feeling is they're both trying it on to some extent but EA1 has suggested we go ahead with the sale and we will not pay anyone at this moment until the Omnbudsman declares which of the two gets paid. If its EA1 then they will be paid by EA2 apparently. EA has stated that when the sale goes through they will get the Land Registry to find out who is the buyer.
I asked EA2 why this couldn't be resolved by simply asking EA1 who they think the buyer is and confirm or deny as appropriate.
EA2 said that even if it was the same buyer EA1 still isn't due to be paid. Hmm...
We both went to Citizens advice and TBH Im not sure they were much help, however, upon hearing that we were at CAB EA1 seem to have backed off a bit.
Following that both EAs were on the phone to us, my feeling is they're both trying it on to some extent but EA1 has suggested we go ahead with the sale and we will not pay anyone at this moment until the Omnbudsman declares which of the two gets paid. If its EA1 then they will be paid by EA2 apparently. EA has stated that when the sale goes through they will get the Land Registry to find out who is the buyer.
I asked EA2 why this couldn't be resolved by simply asking EA1 who they think the buyer is and confirm or deny as appropriate.
EA2 said that even if it was the same buyer EA1 still isn't due to be paid. Hmm...
Please please please make sure to get the above in writing from the agents. Cmplete clarification in writing from both that under no circumstances will you be paying two fees.
If you pay EA2 and it is ruled EA1 is due a fee, it is you who is contractually obliged to pay EA1. Never take anyone's word in this situation. I don't understand how EA2 is going to pay EA1 when you're not paying anyone until a decision is made.
You need to get both agents to put in writing their acceptance of the proposal and acknowledgement of fee allocation.
I'm interested to know which ombudsmen has the legal authority to rule on a contract dispute.
It is still ridiculous you don't know who is buying your house! The whole thing is a joke.
Your solicitor acts for you and must 100% know who is buying your house - are you using the estate agents recommended solicitor?
If you pay EA2 and it is ruled EA1 is due a fee, it is you who is contractually obliged to pay EA1. Never take anyone's word in this situation. I don't understand how EA2 is going to pay EA1 when you're not paying anyone until a decision is made.
You need to get both agents to put in writing their acceptance of the proposal and acknowledgement of fee allocation.
I'm interested to know which ombudsmen has the legal authority to rule on a contract dispute.
It is still ridiculous you don't know who is buying your house! The whole thing is a joke.
Your solicitor acts for you and must 100% know who is buying your house - are you using the estate agents recommended solicitor?
Edited by FrankAbagnale on Friday 20th March 17:47
No, I agree about EA 2
I'm now also a bit wary about posting anymore as I've just had a text from my ex which consisted of one the replies here so may be best if I leave this thread till I find out what's going on.
I'm now also a bit wary about posting anymore as I've just had a text from my ex which consisted of one the replies here so may be best if I leave this thread till I find out what's going on.
hornetrider said:
You are being told by numerous people here that EA2 is being evasive yet still you blunder on ignoring good advice.
Ahm oot.
Ahm oot.
As has been stated several times previously, if EA1 introduced the buyer they will be due a fee as per their contract with you and your soon to be ex-wife, however, in fairness EA2 will have done the lion's share of the work having not only advertised but also administered the sale.
If you decide to pay EA2 the the whole fee and expect them to then pay EA1 then you are dreaming. A further bill will land at your door.
EA1 has a contract with you. EA2 legally owes them nothing.
If I were you I would contact both agents and suggest a joint/sole agreement, where the fee would be split something along the lines of 2/3rds to EA2, 1/3rd to EA1.
Whatever happens, both EAs need to be paid from the proceeds of the sale, and you need to get in writing that they are satisfied that the payments agreed cover your contractual obligations to BOTH EAs.
Whatever happens do not exchange contracts until this is rectified or you will be VERY out of pocket. Make it very clear to both EAs that the onus is on them to broker a deal between each other as you will not permit the solicitor to proceed with the sale as it stands.
Aside from that...you don't know who is buying your house? That is a bit weird. Just call the solicitor that is dealing with the sale perhaps?
Good luck, (ex estate agent of 8 years).
If you decide to pay EA2 the the whole fee and expect them to then pay EA1 then you are dreaming. A further bill will land at your door.
EA1 has a contract with you. EA2 legally owes them nothing.
If I were you I would contact both agents and suggest a joint/sole agreement, where the fee would be split something along the lines of 2/3rds to EA2, 1/3rd to EA1.
Whatever happens, both EAs need to be paid from the proceeds of the sale, and you need to get in writing that they are satisfied that the payments agreed cover your contractual obligations to BOTH EAs.
Whatever happens do not exchange contracts until this is rectified or you will be VERY out of pocket. Make it very clear to both EAs that the onus is on them to broker a deal between each other as you will not permit the solicitor to proceed with the sale as it stands.
Aside from that...you don't know who is buying your house? That is a bit weird. Just call the solicitor that is dealing with the sale perhaps?
Good luck, (ex estate agent of 8 years).
ginbreakfast said:
As has been stated several times previously, if EA1 introduced the buyer they will be due a fee as per their contract with you and your soon to be ex-wife, however, in fairness EA2 will have done the lion's share of the work having not only advertised but also administered the sale.
If you decide to pay EA2 the the whole fee and expect them to then pay EA1 then you are dreaming. A further bill will land at your door.
EA1 has a contract with you. EA2 legally owes them nothing.
If I were you I would contact both agents and suggest a joint/sole agreement, where the fee would be split something along the lines of 2/3rds to EA2, 1/3rd to EA1.
Whatever happens, both EAs need to be paid from the proceeds of the sale, and you need to get in writing that they are satisfied that the payments agreed cover your contractual obligations to BOTH EAs.
Whatever happens do not exchange contracts until this is rectified or you will be VERY out of pocket. Make it very clear to both EAs that the onus is on them to broker a deal between each other as you will not permit the solicitor to proceed with the sale as it stands.
Aside from that...you don't know who is buying your house? That is a bit weird. Just call the solicitor that is dealing with the sale perhaps?
Good luck, (ex estate agent of 8 years).
All seems very reasonable and runs along very similar lines to my suggestion (current estate agent). If you decide to pay EA2 the the whole fee and expect them to then pay EA1 then you are dreaming. A further bill will land at your door.
EA1 has a contract with you. EA2 legally owes them nothing.
If I were you I would contact both agents and suggest a joint/sole agreement, where the fee would be split something along the lines of 2/3rds to EA2, 1/3rd to EA1.
Whatever happens, both EAs need to be paid from the proceeds of the sale, and you need to get in writing that they are satisfied that the payments agreed cover your contractual obligations to BOTH EAs.
Whatever happens do not exchange contracts until this is rectified or you will be VERY out of pocket. Make it very clear to both EAs that the onus is on them to broker a deal between each other as you will not permit the solicitor to proceed with the sale as it stands.
Aside from that...you don't know who is buying your house? That is a bit weird. Just call the solicitor that is dealing with the sale perhaps?
Good luck, (ex estate agent of 8 years).
It's pretty good advice coming your way.
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