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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We are selling our rental property estate agent introduced

Resolved Question:

We are selling our rental property estate agent introduced a guy but his daughter is looking for the property. We are on a rolling contract since June last year with a 14day cancellation period. Could we cancel estate agent and sell directly to her without incurring a fee from estate agent?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

All Estate Agents agreements stipulate that if they "introduce" a prospective Buyer for you during their Contract period and that person becomes your Buyer, you will be responsible for paying the Agents commission.

As you were in a Contract at the time this prospective Buyer came along, the question is whether the Agents introduced her to you. As they introduced her Father to you, and this has led to his Daughter making an offer then the Agent has in effect introduced you to her, and are entitled to their commission.

You could chance your luck and end the Contract with the Agents now, and leave it 14 days before you get the ball rolling with this Buyer, but if the Agent gets wind of the fact that she is related to the guy they introduced, expect them to chase you for their commission once the Sale proceeds and completes.

I hope this sets out the legal position to you.

Good Luck!

Kind Regards
AL
Customer: replied 3 years ago.

Thanks for the response. How would the estate agent know if we waited the 14 days and then sold to his daughter? Could we not just wait 14 days advertise elsewhere and then she comes via that avenue? Or would it be worth agreeing a new contract with the estate agent at a lower % and then she is introduced by them?


 

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

Agents are often crafty IF they get the feeling you are taking the property off the market with them because you have found a buyer. It might well be that as you have been with them so long, that they won't get suspicious when you cancel, and if so, it may be best for you to do this, "advertise the property" elsewhere and then get the ball rolling with the Buyer after say 21 days.
I wouldn't suggest that you agree a new lower rate with them and then "get her introduced" in so far as they may charge the current rate if they then find out you have already been negotiating with her.

Hope this helps.

Kind Regards
AL
Customer: replied 3 years ago.

Ok thanks again, if they did find out would they just ask for their commission?? Or look for extra fees?


 


Thanks


Darren

Expert:  Aston Lawyer replied 3 years ago.

Hi Darren,

They would just ask for their commission- they can't legally ask for any more than that.

Best Wishes
AL
Customer: replied 3 years ago.

Okay that's great thank you for all your help.


 


Kind regards


Darren

Expert:  Aston Lawyer replied 3 years ago.

No worries.

Cheers!

AL
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