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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11677
Experience:  30 years as a practising solicitor.
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Can an agent that showed my property to a viewer 2 years

Customer Question

Can an agent that showed my property to a viewer 2 years ago, claim commission if the viewer saw my property recently through another agent? The original agent has been marketing the property again since March and is quoting " ongoing marketing", though the property was off the market for over a year. Oddly enough, a few months ago I asked him how long an agent has claim to a previous viewer through another agent and he said 6 months!
Submitted: 16 days ago.
Category: Law
Expert:  JGM replied 16 days ago.

Is the first agent still in contract or did you validly terminate the contract? Typically, the first contract has to be terminated in writing and there is a 28 day notice period. However, the specifics of this depend on the written contract. On what basis and on what authority has the original agent been marketing the property again?

Customer: replied 16 days ago.
I'm sure I didn't sign a contract first time round, but did sign a contract with the original agent in March. I gave them 2 weeks notice a few weeks ago in writing, but have let them carry on for the time being. I think I gave them verbal notice in December 2015. I can't remember exactly when the viewer/buyer viewed, but it was definitely well before that.
We took the house off the market in 2015 and did have a prospective buyer with them then, but we couldn't find a property. I'm perplexed that they think they can hold me to ransom on this.
Expert:  JGM replied 16 days ago.

If the original agent has been asked to carry on then typically the contract would cover any purchaser irrespective of when they first viewed the property. I’m happy to look at the current contract but I think the agent may have a claim here.