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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have multiple estate agents. My potential buyer 1st viewed

Resolved Question:

I have multiple estate agents. My potential buyer 1st viewed the property through 1 agent and then subsequently with the other. Which estate agent gets the fee? Or do I have to pay both agents
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this .
Alex Watts : Why did he go through the second please?
Customer:

They attended an open house the following day with the 2nd estate agent - the 2nd agent saved all potential viewings until the open house. They originally made an offer to the first agent which wasn't accepted. I subsequently sold the house to some one else, but that fell through, and they have gone straight to the 2nd agent to make their higher offer and say they weren't happy with the service they got from the first agent

Alex Watts :

Well you won't have to pay both agents. It would only ever be 1 agent fees you would be responsible for.

Alex Watts :

They need to sort it out between themselves.

Alex Watts :

But I have a feeling it would the person that FIRST introduced him

Alex Watts :

That is because had it not been for that viewing then he would not have necessarily known it was for sale

Alex Watts :

But let them sort it out between themselves, you are only liable for one fee

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I've drafted this so far to both estate agents - sharing with you as it may give you more insight

Customer:

This is the draft - a good way forward ?

Alex Watts :

ok

Customer:
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.
Alex Watts :

Yes that all seems fine and makes sense.

Alex Watts :

Can I clarify anything else for you?

Customer:

you said...

Alex Watts :

Yes?

Customer:

you said -




But I have a feeling it would the person that FIRST introduced him







That is because had it not been for that viewing then he would not have necessarily known it was for sale.. But it was advertised on rightmove by both agents so was publicly for sale by both, and the latter agent advertised the open house. Does that mean the HOA website is wrong about whoever wraps up the sale?



Alex Watts :

Well it depends. Some T&C's have the view it is who FIRST introduced.

Alex Watts :

Others are as you say, who completed the sale

Alex Watts :

But either way, its not really your problem and for them to sort out between themselves.

Alex Watts :

Its not your fault so you are not to blame

Customer:

do the T & C have to say that? I have quoted the T & C above

Alex Watts :

I don't think the T&C's are paritcularly clear

Customer:

Okay, thank you

Alex Watts :

But either way it is only one charge.

Alex Watts :

I suspect they will split it 50/50

Alex Watts :

Does that help?

Customer:

It does - I am adding your comments about only 1 charge and that their T & C are unclear to the email, and asking fro reimbursement of the £38 this chat cost me. Does that seem fair?

Alex Watts :

Yes it seems fair.

Alex Watts :

You should not have to pay for their issues

Customer:

Okay, thanks for your help

Alex Watts :

Can I clarify anything else for you?

Customer:

No, that's it for tonight - wish me luck

Alex Watts :

Good luck, it will all work out!

Ash and other Property Law Specialists are ready to help you