I have spoken to you both today about my prospective purchaser, and been told 2 totally different things
Connells - because Claire & Keith viewed the property with you on 20 Feb 2015, if they buy the property I have to pay you the commission fee because they saw the property with you first. Although they did come back via the Abbootts open day and view again. On top of that, if they continue the purchase through Abbots, I will have to pay yours and their fees.
However, I was previously told by your associate Nick, about a previous prospective purchaser, that because they made their first offer via you although they viewed via the Abbotts open day, you got the fee because you got the first offer, you got the fee, and that wasn't my problem you would get your fee via Abbotts.
Abbotts - because Claire & Keith want to proceed with their purchase through you because they are not satisfied with the service they got from Connells, you will get the fee because you have finalised the sale. You have also said that the fee issue is not mine, and that fees would be sorted out by dealing with Connellls yourselves - as did Nick.
Both your T & C say in regard to multi agency roughly the same - this is a quote from the Connells T & C -
You will be liable to pay the commission fee to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the property are exchanged with a purchaser introduced by us during the period of our multi agency or with whom we had discussions or negotiations about the property during that period.
Notice is hereby given that if prior to this agreement the property was marketed by another agent as a sole or joint agency, or sole selling rights basis, or by a website/portal other than our own, you may have a liability to pay a dual fee.
In consideration of us marketing your property, we shall be entitled to our fee on sale to a purchaser we have introduced even if we are not the effective agent of sale
This statement does not say 'first introduced' under a multi agency. I have not marketed in any other way than multi agency with either of you so cannot see how the dual fee aspect kicks in.
I have checked on line for a bit of advice under multi-agency and found on the Home Owners Alliance Website under multi agency the following statement -
Only the agency who actually makes the sale gets the commission, and the others get nothing – so they are all competing with each other. This can make the sales process quite frenetic
I totally appreciate that you are in competition, but I think it is unacceptable that I am being told 2 totally different things, and that I may end up not being able to sell to a prospective purchaser (because they won't even respond to Connells) because I may be charged 2 commission fees - what's the point of a multi agency agreement if that is the case. What if their had been 4 estate agents and a prospective purchaser viewed via all 4.
Please gentleman, can you resolve this and inform me of the outcome - the same outcome please.