Estate agent fees, where do I stand?

[tuskkev]

Hi all
Just a quick question. We put our house on the market 5 months ago and had alot of interest but no offers so after 3months took it off the market.
The intention was to put it back on with a different agent but due to other things never got round to it.
Yesterday someone who viewed our property through the original agent contacted us directly (knocked on our door) and made an offer, they aren't in a chain and can proceed straight away.
My question is where do I satnd with regards to fees to the agent? Are they entitled to the fees even though 2 months have past since I have been their client? And finally if I were but chose not to tell them would they ever find out?
Thanks in advance
kev

[anonymous-user]

After only 2 months I would say the EA is owed commission.

[Thom987]

Agent is entitled to his fee at this stage, but what he doesnt know wont hurt him.

[tuskkev]

anonymous said:

[redacted]

Did skim read them originally but having looked at them again seems that they would want the fees from buyers introduce by them until 6 months after the end of the agreement.
On a side note our house is solely in my wifes name but it was only me who signed the agents contract would they be able to pursue my wife even though she didn't sign and wasn't even present during signing.
kev

[tuskkev]

anonymous said:

[redacted]

Sorry don't understand, I didn't paraphrase anything.
The section of the contract regarding sole agency agreement states that fees would be payable if "buyer introduced by the agent goes on to purchase within 6 months of the end of the agreement" which is what I said above.

Having looked at the contract again under signatures it states "when seller(s) instructs "insert name of agent" The seller(s) is contracting on behalf of all owners of the property"
However I am not an owner my wife is and may or may not have known I had signed a contarct.
kev

[Mojooo]

I think 2 things.

You legally owe the EA money if you proceed.

They can still recover the fees from you

Proving it will be hard )for them) though.

[Sarnie]

How would the EA find out?

If they did get wind that you was selling it wouldn't take much to find out the identity of the buyer and then match that to their records of viewings etc.......

[tuskkev]

Sarnie said:

How would the EA find out?

If they did get wind that you was selling it wouldn't take much to find out the identity of the buyer and then match that to their records of viewings etc.......

I agree, it would be easy to follow the paper trail but how would they find out about the sale to start with? Do they do regular land registry searches of sold property in there area I would imagine this would be an expensive practice wouldn't it?

[Soovy]

The contract states that they are owed the money.

Why not do what you agreed to do?

[princeperch]

Personally I would go ahead with the sale and ringfence the commission amount in a bank account.

If the agent finds out then they will almost certainly do a deal with you to avoid litigation. If they don't find out then so be it.

I am sure that there are some lovely estate agents out there I just have yet to meet them. Indeed, the ones I have dealt with on business and when dealing with the buying and selling of my parent's property were complete and utter money grabbing pricks.

Edited by princeperch on Saturday 6th November 17:13

[tuskkev]

anonymous said:

[redacted]

Dealt with alot more sneaky/shifty agents over the years.

anonymous said:

[redacted]

Good job I'll be doing my own removals and conveyancing then

anonymous said:

[redacted]

Don't need any of these services but you don't get any choice.

anonymous said:

[redacted]

Not moaning just don't see how the amount of work they have done comes anywhere near to justifying their fees.
I understand they have spent money on mailshots, phone calls, time, online websites etc etc and would be happy to pay for this and abit of profit on top but if that comes anywhere near to £6000 than I'm jesus reborn. Perhaps if their priceing was a bit more realistic I wouldn't even be having this converstaion and would pay up without quibble.
kev

[Soovy]

tuskkev said:

Not moaning just don't see how the amount of work they have done comes anywhere near to justifying their fees.

Utterly irrelevant.

You agreed a deal, and now you're bhing.

Why not pay what you agreed to pay, and which you signed a contract agreeing to pay?




Call me old fashioned.... but why does no one read anything before they sign it. After all, it's only the biggest purchase of our lives.............



You could just not pay, but they are perfectly entitled to the money and if they sue you they'll win and you'll have to pay their costs.

Edited by Soovy on Saturday 6th November 19:10

[CatherineJ]

Well as others have said, you signed their T's & C's, it states 6 months and as you have admitted this has all happened within that timeframe.

You have to do the decent thing, but I think you probably already knew that.

Edited by CatherineJ on Saturday 6th November 18:36

[nobodyknows]

Surely the 6 months is up soon? Just delay the sale & then you are within the terms of their contract either way & no harm done?

[birdcage]

Are you joking?

[russ_a]

Didnt think you could do your own conveyancing.

[tuskkev]

Hi
Thanks for all the comments and as has been said I will just wait the extra time until the contract is no longer an issue.
I am still curious as to how agents stop this type of thing happening more often though, the solicitor on the golf course and the sighting of removal vans can't be the only way they find out, thats of course if they ever do?
kev

[princeperch]

anonymous said:

[redacted]

Not sure why one would want to for the sake of 6-700 quid for a online monkey to do it...

Edited by princeperch on Saturday 6th November 21:51

[anonymous-user]

worth checking if the would be buyer has mentioned this to the EA

[DS3R]

tuskkev said:

Hi
Thanks for all the comments and as has been said I will just wait the extra time until the contract is no longer an issue.

And the buyer is happy to sit it out too?

tuskkev said:

I am still curious as to how agents stop this type of thing happening more often though,
kev

Simple. Most people have scruples...

The land registry is also updated showing when a property changes hands. If you were in an industry in a slump with far more time on your hands during the day given you are taking far fewer instructions, you'd be taking an abnormal interest in the comings & goings of things on your own books & properties you had seen to value to see if they go on the market with other agents or the same cars are still outside. One standard template letter from a Solicitor costs pounds to send and could reap big bucks...