Estate Agent claiming sale
Discussion
Basically after being on the market for just over a year our house has finally been sold due to divorce.
The previous estate agent - not the current one who we have sold through - are telling us they will be charging us as well as they originally introduced the buyer to our property when we were using them.
Firstly I have no idea who is actually buying our house, when i asked our present estate agent i was told under the data protection act they are not allowed to give me that information.
We had that many people view I couldn't remember one from the other.
How can we be charged twice? Surely if the buyer had viewed our house previously then decided not to buy at that time but then viewed at a later date with a different estate agent and decided to buy then that is nothing to do with us?
Also they are saying we didn't give them 14 days notice that we were no longer going to use them even though the contract was up. Notice was then given and house removed from sale for the notice period.
My ex spoke with them at the time and was informed as the contract was over we were free to do as we please, it was no longer anything to do with them.
They keep emailing us both to ask for the buyers name so "you do not end up paying both estate agents"
Personally I feel both estate agents need to sort this between themselves as I can't see what we have done wrong.
Any thoughts?
The previous estate agent - not the current one who we have sold through - are telling us they will be charging us as well as they originally introduced the buyer to our property when we were using them.
Firstly I have no idea who is actually buying our house, when i asked our present estate agent i was told under the data protection act they are not allowed to give me that information.
We had that many people view I couldn't remember one from the other.
How can we be charged twice? Surely if the buyer had viewed our house previously then decided not to buy at that time but then viewed at a later date with a different estate agent and decided to buy then that is nothing to do with us?
Also they are saying we didn't give them 14 days notice that we were no longer going to use them even though the contract was up. Notice was then given and house removed from sale for the notice period.
My ex spoke with them at the time and was informed as the contract was over we were free to do as we please, it was no longer anything to do with them.
They keep emailing us both to ask for the buyers name so "you do not end up paying both estate agents"
Personally I feel both estate agents need to sort this between themselves as I can't see what we have done wrong.
Any thoughts?
I can assure that is exactly what was said to me
It's such b
ks but to be honest I'm not sure the OP is telling us everything as this I don't believe ANY estate agent would say it.
How are you supposed to sell to someone when you don't know who they are? Estate agents aren't involved in that part - your solicitor is and all the paperwork has their names on it!
p1stonhead said:
It's such b
ks but to be honest I'm not sure the OP is telling us everything as this I don't believe ANY estate agent would say it. How are you supposed to sell to someone when you don't know who they are? Estate agents aren't involved in that part - your solicitor is and all the paperwork has their names on it!
I've queried this myself as its obvious ea1 knows exactly who's buying our house . Apparently, according to my ex , ea1 were doing follow up calls to previous potential buyers and said buyers have then told them they are already buying the property but through ea2.
Why they didn't buy while we were using ea1 I have no idea.
Why they didn't buy while we were using ea1 I have no idea.
Vaud said:
But they know the buyers name surely?
Fishing expedition, or your buyer was registered with that agent before and has now told them what they are buying after a follow up call.
Fishing expedition, or your buyer was registered with that agent before and has now told them what they are buying after a follow up call.
Sorry missed your post before
This seems to be what has happened
Ea1 is not trying , as they put it, to save us paying out to two ea's
They're looking to get their cut
This seems to be what has happened
Ea1 is not trying , as they put it, to save us paying out to two ea's
They're looking to get their cut
Vaud said:
But they know the buyers name surely?
Fishing expedition, or your buyer was registered with that agent before and has now told them what they are buying after a follow up call.
Fishing expedition, or your buyer was registered with that agent before and has now told them what they are buying after a follow up call.
No list was given to us unfortunately. The mood Im in over this is making it easy to be cynical as to why I received no list.
p1stonhead said:
When removing one agent and going with another, its often the case that the original EA will give the seller a list of people they had introduced/shown round so fees are not doubled if they come back and buy later.
Thanks, Ill look more into this.
During a phone call to my ex EA1 accused EA2 of being ruthless! Needless to say she told them what she thought of all of them.
Received another email from EA1 this morning -
" If you refer to our Terms & Conditions, paragraph titled Commission Fee Entitlement, it states we will have a commission fee entitlement if you terminate our agreement and then sell your property to a buyer, introduced by us within six months of the date our agreements ends.
If you could confirm the name and address of your buyer, it will help clear up this matter. "
How about F.O
During a phone call to my ex EA1 accused EA2 of being ruthless! Needless to say she told them what she thought of all of them.
Received another email from EA1 this morning -
" If you refer to our Terms & Conditions, paragraph titled Commission Fee Entitlement, it states we will have a commission fee entitlement if you terminate our agreement and then sell your property to a buyer, introduced by us within six months of the date our agreements ends.
If you could confirm the name and address of your buyer, it will help clear up this matter. "
How about F.O
blueg33 said:
Usually the estate agents terms and conditions will make it clear what they think and introduction is.
The key thing under the Estate Agents Acts and various case studies is "Effective Introduction", but this can be tempered by the terms and conditions you signed up to You will need to serach the web to find out how that definition is applied. If your agreement says something like "Sole Selling Rights" the you are highly likely to have to pay two fees.
I think you need to take this up with both agents ASAP, the aim is to get them to agree how the fee is split, but make it clear that you will be paying only 1 fee. The issue is moere common than you might think, we sometimes get it on land deals, worst one I had was two agents each claiming £200k.
Yu could always start by telling agent 1 to "Foxtrot Oscar" as they did not make an Effective Introduction
As for the Data Protection Act bit, what a total load of bks, EA2 sounds like a bit of a plank. What's teh betting that EA2 alreadty knew that the buyer had viewed through EA1>
The key thing under the Estate Agents Acts and various case studies is "Effective Introduction", but this can be tempered by the terms and conditions you signed up to You will need to serach the web to find out how that definition is applied. If your agreement says something like "Sole Selling Rights" the you are highly likely to have to pay two fees.
I think you need to take this up with both agents ASAP, the aim is to get them to agree how the fee is split, but make it clear that you will be paying only 1 fee. The issue is moere common than you might think, we sometimes get it on land deals, worst one I had was two agents each claiming £200k.
Yu could always start by telling agent 1 to "Foxtrot Oscar" as they did not make an Effective Introduction
As for the Data Protection Act bit, what a total load of b
ks, EA2 sounds like a bit of a plank. What's teh betting that EA2 alreadty knew that the buyer had viewed through EA1>Again, thanks- Ill show this to the ex then we can put this to the solicitor. Ex has an appointment next week at Citizens Advice about this and has asked me along.
I still think that EA2 should be dealing with this and telling EA1 to do one.
I still think that EA2 should be dealing with this and telling EA1 to do one.
Rangeroverover said:
You will have received a "memorandum of Sale" from the selling agent, it is a letter that goes to both solicitors, the buyer and the seller so that everyone has the same information. All info will be on that.
Make sure you instruct your solicitor not to pay out any fees to either agent until this is sorted, if the solicitor is difficult remember YOU ARE THE CLIENT, he may not like it but ultimately will follow your instructions
Good Luck
PS it may be at worst case you can talk them down to a joint agent rate which round here is 2%
Make sure you instruct your solicitor not to pay out any fees to either agent until this is sorted, if the solicitor is difficult remember YOU ARE THE CLIENT, he may not like it but ultimately will follow your instructions
Good Luck
PS it may be at worst case you can talk them down to a joint agent rate which round here is 2%
They know alright but want me to tell them, I guess for some reason this will enable them to request payment.
shanes2k said:
mmm-five said:
If EA1 doesn't have the name of the buyer, and EA2 won't disclose it to anyone, then how does EA1 know it's the same buyer?
This is what i was thinking.The buyers want to exchange contracts next week with a completion time at the end of april. Its gone on this long solely because I have had trouble finding alternative accommodation.
No my ex is not the client , Im in the house with out 2 sons who will continue to live with me when we move.
EA2 though have mostly been corresponding with my ex for some reason instead of me despite repeatedly asking them to contact myself especially as Im still living there.
I'll be the first to admit that Ive been a bit uninvolved since the house first went on the maker as I felt that as our youngest is still reasonably young I didn't actually have to agree to sell the property until he was 18 anyway.
Agreement ended with EA1 on Dec 23 . Spoke with EA2 today and their view is that EA1 will get nowhere with this, that the Omnbudsman wouldn't allow this.
Annoying thing is that my ex pushed, even sending me a solicitors letter, to use EA1 in the first place.
OP: Is your missus dealing with this? Maybe she is the client and that's why they won't give the buyer details to you. Otherwise the DPA excuse is absurd for the reason others have pointed out.
No my ex is not the client , Im in the house with out 2 sons who will continue to live with me when we move.
EA2 though have mostly been corresponding with my ex for some reason instead of me despite repeatedly asking them to contact myself especially as Im still living there.
I'll be the first to admit that Ive been a bit uninvolved since the house first went on the maker as I felt that as our youngest is still reasonably young I didn't actually have to agree to sell the property until he was 18 anyway.
Agreement ended with EA1 on Dec 23 . Spoke with EA2 today and their view is that EA1 will get nowhere with this, that the Omnbudsman wouldn't allow this.
Annoying thing is that my ex pushed, even sending me a solicitors letter, to use EA1 in the first place.
Sheepshanks said:
JustinP1 said:
ETA - When did your agreement with EA1 end? Is it likely the sale will complete in 6 months? If not they can't ask you for money under their own terms anyway...!
I was thinking that - I can't believe they've just put "sell" in that term. Id have expected "agree to sell". I would take "sell" as "complete".OP: Is your missus dealing with this? Maybe she is the client and that's why they won't give the buyer details to you. Otherwise the DPA excuse is absurd for the reason others have pointed out.
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...
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.
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