My house has been on the market for a year and with the current agents for the last 8 months. In that time they have negotiated two sales but both have fallen through. I understand my current buyers still want to buy but their buyers have pulled out. This happened two weeks ago and I have heard nothing from my agents other than to arrange a viewing with someone in two weeks time.

I have been thinking about swapping agents if only to garner a little enthusiasm. They still ahve my old pics up on the website etc and seem little bothered about pushing the house.

Last night I was contacted by someone who had agreed to buy my house last May when it was being marketed by the previous agents. He backed out previously because he changed his mind about proceeding as a cash buyer. He says he is now ready to proceed and has cash buyers for his house.

I need to give my agents 21 days notice in any event but I must admit I am loathe to pay them nearly £4,000 when they didn't supply the buyer. Has anyone else been down this road? I'm more than happy to pay them something as an ex gratia payment to cover costs.

Unfortunately I can't answer your question cariad, but i do have a similar question of my own if anyone can help.

Our house is up for sale on a sole agency basis, but our contract stipulates that if we sell our home privately the agent will reduce their fee by 50%.

Our neighbour - who knew we were putting the house up for sale a few weeks before the board went up - introduced us to their friend to view the property. At this point we checked with the agent whether, should a bid be made, this would constitute a private sale. They confirmed it would.

A few weeks have passed and the neighbours friend has made an acceptable offer. We informed the EA and they are now insisting that this does not constitute a 'private sale' as the board was on the house.

Are they correct? we have challenged them and are awaiting a decision - but in the meantime I would like to know how we stand legally....I am sure this constitutes a private sale but if someone can confirm, or otherwise, I would be most grateful.

Thanks.

See that I wouldn't mind. A 50% reduction.

My contract says they are not prepared to compete with buyers promoting a private sale under any circumstances and that I have to pay in full even though they haven't introduced the buyer. Now I haven't pushed a private sale. This old buyer only found out my sale had fallen through because he knows my next door neighbour and they were chatting down at the rugby club - so he knocked on my door. The "Sold" sign was still up.

That seems wrong to me.

If I've understood rightly, it seems to me that your current agent has had no contact with this person who now wants to buy your house, as he was introduced by a previous agent; therefore all you need to do is give the required notice period, and sell to this person privately. You shouldn't even need to pay the original agent either, if it was nearly a year ago that they introduced the buyer.

I might be slightly cautious about selling to someone who has already pulled out once though!

I know and he's a complete bullshit merchant to boot.

But he insists that he got cold feet last time about buying without selling whereas he now has a cash buyer for his house.

Which is why I'm edgy...

quote:

Originally posted by Fatboy_burns:
Unfortunately I can't answer your question cariad, but i do have a similar question of my own if anyone can help.

Our house is up for sale on a sole agency basis, but our contract stipulates that if we sell our home privately the agent will reduce their fee by 50%.

Our neighbour - who knew we were putting the house up for sale a few weeks before the board went up - introduced us to their friend to view the property. At this point we checked with the agent whether, should a bid be made, this would constitute a private sale. They confirmed it would.

A few weeks have passed and the neighbours friend has made an acceptable offer. We informed the EA and they are now insisting that this does not constitute a 'private sale' as the board was on the house.

Are they correct? we have challenged them and are awaiting a decision - but in the meantime I would like to know how we stand legally....I am sure this constitutes a private sale but if someone can confirm, or otherwise, I would be most grateful.

Thanks.

The buyer for your house has to be registered with the selling EA for them to claim commission fee's.
The fact that a board is displayed does not constitute a binding legal obligation for you to pay the EA fee's should you introduce your own buyer.
There has been a Court Case recently over this very situation where the EA lost their case.
IMMY 21 sometimes comes onto the Forum and he is an EA in 'Sarf London and he will advise you.
Any doubts ask your Solicitor for confirmation.
Mel.

Can you remember the name of the case Melboy?

quote:

Originally posted by cariad:
Can you remember the name of the case Melboy?

I was trying to remember the details for you.
I read it, I think, on a Landlords Forum or Property Forum last year. I'll have a search.

Even if you only get some details I might be able to run a search on the legal website my office subscribes to.

Many of my clients have gone to great pains to let me know the names of a potential private buyer. This is how it should be done. I think I would contest ANY situation where a vendor said he has sold it privately if I have a board up nad the applicant was registered with me. As I have had vendors strike deals with buyers I have introduced. It is extremly tempting for people to do this; most of them when caught deny everything.

quote:

Originally posted by immy21:
Many of my clients have gone to great pains to let me know the names of a potential private buyer. This is how it should be done. I think I would contest ANY situation where a vendor said he has sold it privately if I have a board up nad the applicant was registered with me. As I have had vendors strike deals with buyers I have introduced. It is extremly tempting for people to do this; most of them when caught deny everything.

That's right immy.......the purchaser must be registered with you for fee's to be payable (quite correctly)......in this particular case the person is not and the Agent is saying that the For Sale board means that a commission fee is due which is incorrect.
I can't find the previous case history but your Sol. will advise you.

Nope immy - this bloke isn't registered with my estate agents. He was initially introduced through my first lot of agents and I stopped dealing with them last August.

If any buyer had been introduced through the agents of course I would pay up - and as I said I am more than happy to make an ex gratia payment to cover any expenses, even though the contract staes quite clearly these are "free".

Mel...I will ask her although when I raised the point when I bumped into her in the office earlier she didn't mention it.

Is this the guy who the other estate agent gave a wink & a nod to so he got your house and then backed out and left you up a certain creek without a sale?

Has he now been tipped off to come back to buy the house at a discount?

If his friendly estate agent going to also claim commission from you?

Have you considered testing this guy's resolve by asking him to wait 21 days for the notice period and / or cover or share the cost of the extra estate agent's fee in his offer to make it worth your while to accept it?

I know you want rid, but you also want to ensure you get a genuine buyer and enough money to buy a replacement home, right?

Ary.

Alternatively, you could tell him that as you are going to have to pay your EA anyway, you would like him to handle everything through them. (Assuming they earn their fee by doing the negotiating & toing & froing for you?)

If they have negotiated 2 sales already, then they have probably earned their fee, so it may be easier for you to just use them.

Ary.

quote:

Originally posted by Aryldi:
Is this the guy who the other estate agent gave a wink & a nod to so he got your house and then backed out and left you up a certain creek without a sale?

Has he now been tipped off to come back to buy the house at a discount?

If his friendly estate agent going to also claim commission from you?

It is that bloke...if he has been tipped off by the old agent they can go whistle - they're contract terms don't provide for that.

Hi cariad, good news that you may have found a buyer after all this time. With regard to the EA fees, you deserve a break, so lets hope you can avoid paying them!

I am not too sure whether they have a good case or not, but I would worry more about getting this guy to put his money where his mouth is. If you are going to deal directly with this guy, and your current EA's don't even know who he is, I would tell the EA to go foxtrot oscar!

Good luck, hope it all goes through OK.

Thanks hon.

I've given them notice anyway - 21 days from yesterday. I was toying with the idea in any event. They have tried bless 'em but I think - even if this doesn't go ahead - that it needs some fresh blood.

If it goes belly up again then I'll instruct elsewhere.

good luck

Ary.