Selling away from an estate agent

Selling away from an estate agent

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Discussion

KenBlocksPants

Original Poster:

6,075 posts

185 months

Sunday 18th April 2010
quotequote all
We've had our house on the market with a local estate agent now for a while. Couple of viewings, no offers.

Anyway, we've recieved an offer from a family friend which we have accepted verbally and now want take our house off the market with the estate agent. Paying a small penalty fee that is in the T's and C's.

The question we have is how we would approach the estate agent? Do we have any obligation to tell them we have sold it elsewhere? Can they have any claim on them being involved in the sale (the buyer had no contact with the estate agent)

They are bound to ask why we're taking it off the market, question is, do we need to tell them why?

Jasandjules

70,001 posts

230 months

Sunday 18th April 2010
quotequote all
Don't have to tell them anything as far as I am concerned. Just withdraw it from the market.

Also, why do you need to pay them? And no, I don't see how you need to pay them for the sale because that would only be for someone who was introduced through the agency IMHO (bit more marginal if the buyer had seen the EA sign outside and then contact you as a result)...

eldar

21,867 posts

197 months

Sunday 18th April 2010
quotequote all
Depends what the contract says. What does it say?

KenBlocksPants

Original Poster:

6,075 posts

185 months

Sunday 18th April 2010
quotequote all
Thanks guys.

Just digging out the contract now. Seller is friend of family so knew about the house being for sale before we even signed up with the estate agent.



eldar

21,867 posts

197 months

Sunday 18th April 2010
quotequote all
Jasandjules said:
Don't have to tell them anything as far as I am concerned. Just withdraw it from the market.

Also, why do you need to pay them? And no, I don't see how you need to pay them for the sale because that would only be for someone who was introduced through the agency IMHO (bit more marginal if the buyer had seen the EA sign outside and then contact you as a result)...
You get a valuation, and the EA does and pays for all the advertising and other costs. The house sells to someone who may or may not have seen the EA advertising, and you say you didn't sell it, so I'm not paying you.

Most EAs are aware of this practice, and contract accordingly. If you signed a contract saying, in effect 'if the house sells within x months, you get paid', then pay them. If not, then don't.


KenBlocksPants

Original Poster:

6,075 posts

185 months

Tuesday 20th April 2010
quotequote all
Quick update.

For the record, I am not pulling a fast one. We are genuinely selling to someone who was not introduced to us by the EA. Not even seeing the sign outside.

Anyway, i've told the estate agent who was fine. The contract states I have to pay £200 to cover the costs of advertising as stated above.


Mojooo

12,780 posts

181 months

Tuesday 20th April 2010
quotequote all
Thats why they have 'sole selling rights' terms in contracts which means even if they don't sell the house they still get a fee.

Edited by Mojooo on Tuesday 20th April 15:37

eldar

21,867 posts

197 months

Tuesday 20th April 2010
quotequote all
KenBlocksPants said:
Quick update.

For the record, I am not pulling a fast one. We are genuinely selling to someone who was not introduced to us by the EA. Not even seeing the sign outside.

Anyway, i've told the estate agent who was fine. The contract states I have to pay £200 to cover the costs of advertising as stated above.
Good resultsmile

Number 7

4,103 posts

263 months

Wednesday 21st April 2010
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KenBlocksPants said:
Quick update.

Anyway, i've told the estate agent who was fine. The contract states I have to pay £200 to cover the costs of advertising as stated above.
IME they're all as slippery as a bag of eels. If your contract gave them sole selling rights, rather than sole selling agency, you are on the hook for the full commission. If they are prepared to waive that, I would get it in writting (draft it yourself) and get them to sign it when you pay the £200.

Otherwise, wait until the end of the contractal period, which should not have been more than 8 weeks, despiteb what some may try on.

I have only ever sold 2 houses, and never yet paid a penny to an estate agent.

7.