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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I hope someone can help me, I am selling a property and have

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Hello,
I hope someone can help me, I am selling a property and have had it on the market since June 2017, I had 2 properties on the market with one agent (A) who successfully sold one but I had very bad luck with the second, time wasters etc. I had negotiated a fee of 1% for the sale of both flats with this agent as I had originally bought both flats from them. Unfortunately as I was being constantly let down by buyers and the contract was up with agent (A) I went along to another agent for the same fee... But told agent (A), they could still find a buyer but on a week to week basis they were fine with this....... Agent (B) provided a viewing and the viewers were very interested they on the other hand did not make an offer but said they would go away and think on it, a week later agent (A) arranged a viewing and not known to me was the same viewers who had viewed with agent (B).... Needless to say and to cut a long story short agent (B) is not happy!... Agent (A) has secured the sale, got an offer accepted by me and been in touch with solicitors etc but Agent (B) wants me to pay them and not agent (A).... To stop the squabbling between the agents I said I would be willing to split the fee between them at the original 1%.....but this is not what they want... Agent (B) wants a fixed fee of £2250!.....agent A has not harassed me at all and have told me not to worry as they will go to court with the other agent if necessary as the other agent cannot claim the fee as the laws have changed.......... The effective introducing agent who closes the sale is the one who commands the fee, not an agent who just does the viewing.... Please can you just advise if this is correct as I'm very worried.

Hello my name is ***** ***** I will help you with this.

Who introduced the buyer, A or B? I assume A?

Customer: replied 4 months ago.
agent A.... But agent B did the first viewing
Customer: replied 4 months ago.
My buyers then viewed for a second time with agent A and put in an offer... Which i accepted, and agent A corresponded with solicitors etc agent B has had no input

What did B do?

Customer: replied 4 months ago.
Agent B had booked the initial viewing, they did not get an offer from the buyers

B is not owed anything. A introduced buyer. So unless your contract or terms say otherwise then A is paid and B is not.

Clearly they can’t both have introduced buyer, it is one or the other.

Can I clairfy anything for you about this today please?

Customer: replied 4 months ago.
Hello.... I can now lawfully just pay agent A who B has accused of stealing the buyer from them, without falling foul of the law?..... I know agent A has stated that I should not worry and if agent B wants to take it to court they would happily do it.
I think my mind is a little more at ease.
Thank you.
Customer: replied 4 months ago.
Sorry... The clarification was that even though agent B made the initial viewing Agent A closed the deal... That is the argument between the two and the issue I wanted to have clarified initially..
Thank you

Oh I see, you said it was agent A.

Whoever first introduced buyer gets the deal. Whoever said I have got buyer and he is interested, they get paid.

Does that clarify?

Customer: replied 4 months ago.
Sorry Jamie.... Yes agent B had the viewing but no offer was made from the buyers...... A week later they went to agent A to have a viewing then made an offer..... So it is agent A who gets paid?.... As they closed the deal and had the offer?.... Or B who just had a viewing?.....
Very confusing, I know!....

B. As B first introduced

Does that clarify?

Customer: replied 4 months ago.
Oh ok.... As the agents said it's whoever closed the deal... As the law has changed!!!.... Is that correct?... I suppose not as you have stated it will be agent B who gets the fee!

Nope. Check the contract, if usually says whoever introduced.

Does that clarify?

Customer: replied 4 months ago.
thank you Jamie, I am clear now on the fact that the law has not changed! And that agent B has to be paid... Not agent A who negotiated the offer etc with my buyers....
Thank you for your advice.Kind regardsJoanna

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