Estate Agent code....
Discussion
Can anyone answear this,
We had our House on the market with an Agent which we have now terminated our contract with (actually terminated 23 June), they introduced a client who put an offer in which we rejected.
We heard nothing back while on with the old agent, but since termination they have called us with offers from this person on 2 occasions, saying they are legally entitled to pass this on due to the Estate Agents code. We are with another Agent now.
Now this is the most contact we have had with our old agent since we went on with them origanally (yes they where Cr4p)
We are guessing all they are doing is trying to get a slice of the action. Dual Agencie etc...
Are they entitield to do this, bearing in mind our contract ended with them 23rd June (including notice period), does that all make sense? Cheers for any info.
We had our House on the market with an Agent which we have now terminated our contract with (actually terminated 23 June), they introduced a client who put an offer in which we rejected.
We heard nothing back while on with the old agent, but since termination they have called us with offers from this person on 2 occasions, saying they are legally entitled to pass this on due to the Estate Agents code. We are with another Agent now.
Now this is the most contact we have had with our old agent since we went on with them origanally (yes they where Cr4p)
We are guessing all they are doing is trying to get a slice of the action. Dual Agencie etc...
Are they entitield to do this, bearing in mind our contract ended with them 23rd June (including notice period), does that all make sense? Cheers for any info.
Not sure of the detail, but if this buyer were to come to you now via the new agent, I think the old agent still has a valid claim for commission as they introduced this particular buyer to your property.
You new agent may kick up a fuss and try to insist on some commission as well on a dual agency basis.
If you're inclined to accept the offer, I'd lay down the law with both agents by stating the max commission you're going to pay under any circumstances and let them fight over divvying it up amongst themselves.
You new agent may kick up a fuss and try to insist on some commission as well on a dual agency basis.
If you're inclined to accept the offer, I'd lay down the law with both agents by stating the max commission you're going to pay under any circumstances and let them fight over divvying it up amongst themselves.
Cheers very interesting, so either way the useless Estate Agent could still be in for a slice of the action for doing nothing!
Say the guy went through our new agent and said nothing about putting offers via the old gent, Would the old agent still get a slice of the Pie somehow?
Because 1) The Old Estate Agent was pants 2) We can't really afford to pay dual agency fees, may aswell not move otherwise.
Say the guy went through our new agent and said nothing about putting offers via the old gent, Would the old agent still get a slice of the Pie somehow?
Because 1) The Old Estate Agent was pants 2) We can't really afford to pay dual agency fees, may aswell not move otherwise.
cosmoschick said:
...may aswell not move otherwise.
I haven't even had a chance to show you around Haywards Heath!
Don't worry Ros, we WILL be moving, why does it take so long though!!
We can move to be honest, but just feel the dual agency fee is a waste of money, what a dumb system it is.
It should be, contract cancelled end of story, why should they still get my money just for introducing someone who happened to put an offer in while under contract with them.
Anyway, gonna speak to our new Estate Agent later to see what they say.
trevorw said:
Cheers very interesting, so either way the useless Estate Agent could still be in for a slice of the action for doing nothing!
but he's not doing nothing, he's got you a couple of offers
trevorw said:
Say the guy went through our new agent and said nothing about putting offers via the old gent, Would the old agent still get a slice of the Pie somehow?
make sure he registers as an applicant at the new estate agency, make sure you are on sole agency with the new agency before he does this btw, and you should have no problems. do make sure the contract with the old one is fully terminated though
trevorw said:
It should be, contract cancelled end of story, why should they still get my money just for introducing someone who happened to put an offer in while under contract with them.
huh?
they introduced and sourced the potential buyer while they were contracted to do so! that's why!
trevorw said:
[quote=trevorw]...may aswell not move otherwise.
It should be, contract cancelled end of story, why should they still get my money just for introducing someone who happened to put an offer in while under contract with them.
.
Becasue that is what you have contracted to do perhaps?
They advertised, found someone, you turn down their first offer, then dump the agents, you accept a 2nd offer from the purcahser they found.... sounds like their commission is fairly due.
minimax said:
Cheers very interesting, so either way the useless Estate Agent could still be in for a slice of the action for doing nothing!
but he's not doing nothing, he's got you a couple of offers
trevorw said:
Say the guy went through our new agent and said nothing about putting offers via the old gent, Would the old agent still get a slice of the Pie somehow?
make sure he registers as an applicant at the new estate agency, make sure you are on sole agency with the new agency before he does this btw, and you should have no problems. do make sure the contract with the old one is fully terminated though
Bad advice, this could make you liable to pay both agents. You cannot "fully terminate" an agency contract. Your obligation to the first agent continues for a reasonable period (in practice six months). The crux of the matter is when was this person introduced, if they viewed your property during the first agents sole agency then that agent is entitled to the commision end of story. The second agent may attempt to claim entitlement but they are pissing in the wind. Let them take you to court if they are brave enough. If the situation isn't clear cut, you will have to decide who made the introduction and who was the effective cause of the sale.
Bat21 said:
trevorw said:
Cheers very interesting, so either way the useless Estate Agent could still be in for a slice of the action for doing nothing!
but he's not doing nothing, he's got you a couple of offers
trevorw said:
Say the guy went through our new agent and said nothing about putting offers via the old gent, Would the old agent still get a slice of the Pie somehow?
make sure he registers as an applicant at the new estate agency, make sure you are on sole agency with the new agency before he does this btw, and you should have no problems. do make sure the contract with the old one is fully terminated though
Bad advice, this could make you liable to pay both agents. You cannot "fully terminate" an agency contract. Your obligation to the first agent continues for a reasonable period (in practice six months). The crux of the matter is when was this person introduced, if they viewed your property during the first agents sole agency then that agent is entitled to the commision end of story. The second agent may attempt to claim entitlement but they are pissing in the wind. Let them take you to court if they are brave enough. If the situation isn't clear cut, you will have to decide who made the introduction and who was the effective cause of the sale.
not so in fact. I have seen this happen at the estate agency I run, and others in our national group, it is common practice. I daresay it has even been done to us
when I get in to work today I can quote the estate agency act 1979 or alternatively ask the opinion of my lister of senior neg, together they have over 40 years experience Estate agents 
I'm looking for a new house at the moment and they're really annoying me. Foxtons man tricked me into missing several appointments at the weekend, one of which I really wanted to see and is now under offer so I can't see it
And I offered on a place yesterday - full asking. The agent then had a go at me about "playing games" as I went in £5k under and when it was rejected upped my offer. I wanted to tell him where to shove his braces but I didn't want to prejudice my offer (had a bad experience last time when an agent shafted me). The guy hasn't even called to tell me what the response was so I checked on their website - they've upped the asking price by £25k! Nice of them to tell me what happened to my offer of a lot of money.
I'm looking for a new house at the moment and they're really annoying me. Foxtons man tricked me into missing several appointments at the weekend, one of which I really wanted to see and is now under offer so I can't see it
And I offered on a place yesterday - full asking. The agent then had a go at me about "playing games" as I went in £5k under and when it was rejected upped my offer. I wanted to tell him where to shove his braces but I didn't want to prejudice my offer (had a bad experience last time when an agent shafted me). The guy hasn't even called to tell me what the response was so I checked on their website - they've upped the asking price by £25k!
Nice of them to tell me what happened to my offer of a lot of money.
trevorw said:
Cheers very interesting, so either way the useless Estate Agent could still be in for a slice of the action for doing nothing!
Aplogies to any & all estate agents on here, but essentially that's how the system works. i.e. The person that effectively does the least amount of work gets the most amount of money out of the deal:
1. Vendor
A bit dubious, this one, but I put it in because any muppet can make a fortune on the sale of property in a rapidly rising market for doing precisely nothing.
2. Government
HMCE gets a nice fat slice of pie via SDLT for doing sweet FA.
3. Estate Agent
Gets a healthy commision for bunging a few ads in papers, making a few phone calls and showing a few tyre kickers around.
and finally at the bottom of the pile:
4. Solicitor/Conveyancer
Gets a couple of hundred quid for (potentially) many hours of legal work.
Odd system we have here.
minimax said:
sale.
not so in fact. I have seen this happen at the estate agency I run, and others in our national group, it is common practice. I daresay it has even been done to us
when I get in to work today I can quote the estate agency act 1979 or alternatively ask the opinion of my lister of senior neg, together they have over 40 years experience [/quote] I sincerely hope it is not, what you are talking about is encitement to breach a contract and/or obtaining a pecunary advantage by deception.
Hardly likely to enhance the reputation of an honerable profession. Please don't bother quoting me an act which I know verbatum and has bugger all to do with entitlement to commision. I think you may be thinking of the "Estate Agents Provision of Information order 1991" or possibly "the Estae Agents Undesirable Practice Order 1991". Still irrelavent, the entitlement to commision rests in this case, (providing the requirements of the provision of information order were satisfied), with the satisfaction of the terms of the contract which would give rise to an entitlement for commision, namely the timing and nature of the introduction in relation to the agents agreements and the effective cause of the sale. Too often Estae Agents make spurious claims under such circumstances their desperation to claim a fee to which they are not entitled causes distress to their clients and leads to bad feeling within the profession.
For the record, I can almost match the combined experiance of your collegues on my own
>> Edited by Bat21 on Wednesday 6th July 14:42
Bat21 said:
sale.
not so in fact. I have seen this happen at the estate agency I run, and others in our national group, it is common practice. I daresay it has even been done to us
I sincerely hope it is not, what you are talking about is encitement to breach a contract and/or obtaining a pecunary advantage by deception.
Hardly likely to enhance the reputation of an honerable profession. Please don't bother quoting me an act which I know verbatum and has bugger all to do with entitlement to commision. I think you may be thinking of the "Estate Agents Provision of Information order 1991" or possibly "the Estae Agents Undesirable Practice Order 1991". Still irrelavent, the entitlement to commision rests in this case, (providing the requirements of the provision of information order were satisfied), with the satisfaction of the terms of the contract which would give rise to an entitlement for commision, namely the timing and nature of the introduction in relation to the agents agreements and the effective cause of the sale. Too often Estae Agents make spurious claims under such circumstances their desperation to claim a fee to which they are not entitled causes distress to their clients and leads to bad feeling within the profession.
For the record, I can almost match the combined experiance of your collegues on my own
>> Edited by Bat21 on Wednesday 6th July 14:42[/quote]
Bat21, you seem to know what you are talking about.
So basically if this Guy puts in a really good offer that we can not refuse via our old Agent whose contract is cancelled, our only 2 options are
1) Except and pay comission to the Agent who are as useless as a Chocolate Teapot begrudgingly.
2) In true 1980's Grange Hill style "Just say no" and hope someone with our new agent comes through with a really good offer.
Basically the old Estate Agent was really poor and we really don't want them to get our cash.
What happens then if this guy finds our house with the New Agent and puts an offer via them, are the Old Agent still able to grab a slice?
trevorw said:
Can anyone answear this,
We had our House on the market with an Agent which we have now terminated our contract with (actually terminated 23 June), they introduced a client who put an offer in which we rejected.
We heard nothing back while on with the old agent, but since termination they have called us with offers from this person on 2 occasions, saying they are legally entitled to pass this on due to the Estate Agents code. We are with another Agent now.
Now this is the most contact we have had with our old agent since we went on with them origanally (yes they where Cr4p)
We are guessing all they are doing is trying to get a slice of the action. Dual Agencie etc...
Are they entitield to do this, bearing in mind our contract ended with them 23rd June (including notice period), does that all make sense? Cheers for any info.
If you signed a sole agency agreement with the old agent and the buyer was introduced within the terms of that agreement, then if you sell to them you owe them a fee. Cut and dried I'm afraid matey, crap or not.
There is no such thing as the estate agent code...
You may be referring to the Estate Agency Act 1979, which lays out the rules on when an agent can charge a fee.
Get hold of a copy, most agents will dish a copy out to you if you ask
Hope that helps a bit
trevorw said:
Basically the old Estate Agent was really poor and we really don't want them to get our cash.
What happens then if this guy finds our house with the New Agent and puts an offer via them, are the Old Agent still able to grab a slice?
In a word, yes.
That agent intoduced you to the property full stop.
Been in this position as a buyer before. Things got ugly with agents fighting it out amongst themselves and trying to draw us into it (wrote 'em a letter outlining the facts and left them to get on with it).
pdV6 said:
Basically the old Estate Agent was really poor and we really don't want them to get our cash.
What happens then if this guy finds our house with the New Agent and puts an offer via them, are the Old Agent still able to grab a slice?
In a word, yes.
That agent intoduced you to the property full stop.
Been in this position as a buyer before. Things got ugly with agents fighting it out amongst themselves and trying to draw us into it (wrote 'em a letter outlining the facts and left them to get on with it).
don't wish to be drawn into an argument here, and its not my intention to start one, but Estate Agents work bloody hard for not much money... I was Top bollock at what I did, but earnt £30k, thats crap for being one of the best in the company.
There are extremely low margins in Estate Agency, just remember that next time you take a lump out of one of them
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