Selling a house privately - How?
Selling a house privately - How?
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james_tigerwoods

Original Poster:

16,344 posts

220 months

Thursday 3rd June 2010
quotequote all
I've got someone interested in my house - she's genuinely interested and may be in a position to buy without having to have her house sold (always a bonus). We've been exchanging emails (we ran in to each other at my daughter's nursery and exchanged email addresses) and the potential of selling outside of the estate agent has been raised.

I know that this could be construed as underhand, but the estate agent has done little to aid in the sale of the house and only ever talks to us if I call them - there has been no constructive advice from them as to what to do and they're not proactive in the slightest - that and I've since discovered that they have a very, very poor reputation.

So, the question is, how would you go about selling your house privately and how can you avoid any problems - or am I opening myself up to a world of pain?

M400 NBL

3,541 posts

235 months

Thursday 3rd June 2010
quotequote all
Assuming that you aren't tied to an estate agent at the moment, I'd have thought it's as easy as both of you instructing your solicitors.

HIPs are gone, so it should be the normal searches/economy tests that are needed, that don't require an EA to organise.

Good luck with the sale and please let us know if it is as easy as I think it is.

james_tigerwoods

Original Poster:

16,344 posts

220 months

Thursday 3rd June 2010
quotequote all
M400 NBL said:
Assuming that you aren't tied to an estate agent at the moment, I'd have thought it's as easy as both of you instructing your solicitors.

HIPs are gone, so it should be the normal searches/economy tests that are needed, that don't require an EA to organise.

Good luck with the sale and please let us know if it is as easy as I think it is.
The HIP was done ages ago, so that's already in place - I also already know what the survey will say too (following from a sale that fell through "due to the survey")

Soovy

35,829 posts

294 months

Thursday 3rd June 2010
quotequote all
james_tigerwoods said:
I've got someone interested in my house - she's genuinely interested and may be in a position to buy without having to have her house sold (always a bonus). We've been exchanging emails (we ran in to each other at my daughter's nursery and exchanged email addresses) and the potential of selling outside of the estate agent has been raised.

I know that this could be construed as underhand, but the estate agent has done little to aid in the sale of the house and only ever talks to us if I call them - there has been no constructive advice from them as to what to do and they're not proactive in the slightest - that and I've since discovered that they have a very, very poor reputation.

So, the question is, how would you go about selling your house privately and how can you avoid any problems - or am I opening myself up to a world of pain?
You've signed a contract with the estate agent. It will probably have a term which states that even if you sell it through another agent or privately you have to pay them.

If it does, then you'll have to pay them!


james_tigerwoods

Original Poster:

16,344 posts

220 months

Thursday 3rd June 2010
quotequote all
Soovy said:
james_tigerwoods said:
I've got someone interested in my house - she's genuinely interested and may be in a position to buy without having to have her house sold (always a bonus). We've been exchanging emails (we ran in to each other at my daughter's nursery and exchanged email addresses) and the potential of selling outside of the estate agent has been raised.

I know that this could be construed as underhand, but the estate agent has done little to aid in the sale of the house and only ever talks to us if I call them - there has been no constructive advice from them as to what to do and they're not proactive in the slightest - that and I've since discovered that they have a very, very poor reputation.

So, the question is, how would you go about selling your house privately and how can you avoid any problems - or am I opening myself up to a world of pain?
You've signed a contract with the estate agent. It will probably have a term which states that even if you sell it through another agent or privately you have to pay them.

If it does, then you'll have to pay them!
I agree and there is a contract with a 4 week "if you sell with another agent, we get paid" clause - I'm merely intrigued as to the process.

R66STU

276 posts

199 months

Thursday 3rd June 2010
quotequote all
If your house is on the market with an estate agent then simply tell them you are taking your house off the market.

then do things without them and privatly with your buyer. ( just try not to let your estate agents find out)

I done the same thing a few years ago.. its easy and i wouldnt worry about it.

_dobbo_

14,619 posts

271 months

Thursday 3rd June 2010
quotequote all
Check whatever contracts you signed with the estate agent. I'd wager if you did sign a contract and it is still in force then you can't sell privately whatever the circumstances.

R66STU

276 posts

199 months

Thursday 3rd June 2010
quotequote all
you are all saying ' if you signed a contract then its in force' and 'if you sell you will have to pay them'

how do you guys think the estate agent will find out ? and have you never challanged a contract before ?

i done this a few years ago and didnt pay te estate agents a penny.. and i can assure you, if they sent me a bill.. i would not have paid it, as my estate agents where w***ers.

you just need to keep quiet about it, and use a solicitor that the estate agent DOSNT recomend.

Edited by R66STU on Thursday 3rd June 09:40

alphonso

306 posts

218 months

Thursday 3rd June 2010
quotequote all
Fortunately you're all wrong about that. I've just sold mine privately and checked with the estate agent that I wouldn't have to pay their fee. I had to as I was also buying a property through them.

You only have to pay commission if they introduced your buyer, either directly or indirectly (ie one of their introductions led to a further introduction through one of their friends or spouse etc) and that only lasts for the term of the contract, usually 6 months.

If you have any doubts then check the t&c of your contract with the agent.

alphonso

306 posts

218 months

Thursday 3rd June 2010
quotequote all
...sorry, you were also asking about the process. As someone said above, you both inform your solicitors and you're away. That's all the agency does once you've agreed a price. Other than the marketing, they do very little.

re your 4 week period, it would take that to get to completion anyway so you're ok. I'd just withdraw it from the market and not state a reason.

JQ

6,577 posts

202 months

Thursday 3rd June 2010
quotequote all
alphonso said:
Fortunately you're all wrong about that. I've just sold mine privately and checked with the estate agent that I wouldn't have to pay their fee. I had to as I was also buying a property through them.

You only have to pay commission if they introduced your buyer, either directly or indirectly (ie one of their introductions led to a further introduction through one of their friends or spouse etc) and that only lasts for the term of the contract, usually 6 months.

If you have any doubts then check the t&c of your contract with the agent.
Different EA's have different terms, so everyone's right - it's what is in the OP's contract that matters.

With regard to how the EA find's out - when properties are taken off the market they then routinely check with Land Registry to see if they were eventually sold. If a fee is due, then the EA will send a solicitors letter out and go to small calims to recover the money.

briSk

14,291 posts

249 months

Thursday 3rd June 2010
quotequote all
maybe it's because i sold my house back in autumn '08 and (some of) the agents were getting a bit desperate but I chose the agent i wanted (who was reasonable profile, had a lot of similar houses and was 'multiple officed' in the area) and managed to get a decent price c1.5% iirc and just went through the standard contract drawing lines through everything (including the bits about 'exclusivity' (or whatever words they used). to a certain extent i think they knew they had buyers lined up..but even so they weren;t guaranteed...

for other people about to market..you don;t have to accept all of their terms...