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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10346
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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i have taken my house off the market with my estate agent as

Customer Question

i have taken my house off the market with my estate agent as i have sold it to my neighbour myself. i am tied into a Sold Agency Agreement until January 2015. Will I be ok to sell my house to my neighbour after that date without incurring any fees?. Also what do I say to the agent who I want to buy the house I want?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Just so I am 100% clear, are you willing to wait until January before you get the ball rolling with the Sale to your neighbour? (I see you have found a property you would like to buy, so I am guessing you will need to get matters moving before then).
I look forward to hearing from you.
AL
Customer: replied 2 years ago.

yes i would like to get everything started if that is possible or i might lose out on the house i want

Expert:  Aston Lawyer replied 2 years ago.
Hi,
Thanks for your reply.
I am afraid to say that if you get matters started with your Buyer during the period you are tied in with your Agents under their Agreement, you will be responsible to pay their commission, even though you may have negotiated the deal directly with your neighbour. This is because all Estate Agents Agreements state that the Seller is responsible to pay their commission for any agreement for sale made during the period of their Agreement.
You therefore need to bite the bullet and pay your Agents or you wait until January, by which time no doubt the property you wish to purchase will have gone.
I am sorry this is not the answer you are looking for, but it sets out the legal position.
Kind Regards
AL
Customer: replied 2 years ago.

will my estate agents find out if i wait until january and charge me after the 15th

Expert:  Aston Lawyer replied 2 years ago.
Hi Maria,
If you wait until January to get the ball rolling, there will be no commission due to your Agents, as you can say that the agreement with the neighbour was agreed after the Agents agreement had ended.
I hope this helps.
Kind Regards
AL
Customer: replied 2 years ago.

if i go to view the property again know to make sure it is the one that i want and the estate agents ask for my feedback? what do i say? do i put the offer in and say due to certain circumstances i am unable to proceed? and what do i say if i they ask if i have a property to sell? will they know that i have taken mine off the market

Expert:  Aston Lawyer replied 2 years ago.
Hi,
If you make an offer, you will have to make it clear that you won't be able to complete until after the New Year, due to your Buyer not being in a position to get matters rolling until January. This in itself may mean that your offer is not accepted, as the Agents will advise the Seller that it would be wise not to accept your offer until you are indeed in a position to proceed.
I would have to leave it to you whether you explain to the Agents why you can't proceed until January. However, as stated, if this is the property you really want, you may want to come clean with both the Sellers Agents and your own Agents and pay your Agents to make sure you get the property you want to buy.
Kind Regards
AL
Customer: replied 2 years ago.

just one last thing!!! could i got into my agents and offer them, say £1000.00 and be honest about the situation, in that they accept the money or tell them i will wait until january when the contract has expired and they will get nothing

Expert:  Aston Lawyer replied 2 years ago.
Hi,
You could go to your Agents and say you have just agreed to sell to your neighbour and as a goodwill gesture agree to pay them £1,000. Knowing Agents though, they may still insist on their full commission!
Good luck.
Kind Regards
AL
Customer: replied 2 years ago.

thank you

Expert:  Aston Lawyer replied 2 years ago.
Thanks Maria.
If you are happy with my Answers, I would be grateful if you could leave positive feedback, so I may get credited for my time.
Good Luck!
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10346
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

My contract is not a Sole Agency Agreement it is a Sole Selling Rights. The valuer did not explain anything about the Sole Selling Rights to me, is there any way I can get out of my contract?

Expert:  Aston Lawyer replied 2 years ago.

I am afraid that if you signed the Agreement, you are bound by its terms.

Sorry.

AL

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