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zeddy

Have I Jeopardised A Private Sale?

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I have enquired about a house on a Estate agent website, but not viewed it yet. They have my name and details on record, from previous calls and enquiries, and we are actively in touch. After looking more closely at the property I realised it was just around the corner from my current address, and decided to pop round independently and try my luck. The property has no EA sign outside, but the vendor was in the front garden. I approached the vendor and he seemed very keen to sell privately, thus avoiding all the fees and BS from EA's!

So my question is:- Has my contact with the EA, even though I haven't viewed or offered yet, jeopardised any chance of a private sale with this property/vendor?

Thanks

Edited by zeddy

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AFAIK, legally, as long as the property is registered with the EA, ANY sale, thru any means, with or without the EA's involvement, would mean the EA was entitled to their fee. this is the vendor's problem anyway, if the vendor offers you a discount thru going with them, then the EA can still sting the vendor for the fee even if the vendor gave you a cut price deal. It's the vendor's concern not yours. don't let on.

I say this as an amateur and it iw quite possible someone with better professional knowledge/experience will contradict me, so take this with a pnch of salt!

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AFAIK, legally, as long as the property is registered with the EA, ANY sale, thru any means, with or without the EA's involvement, would mean the EA was entitled to their fee. this is the vendor's problem anyway, if the vendor offers you a discount thru going with them, then the EA can still sting the vendor for the fee even if the vendor gave you a cut price deal. It's the vendor's concern not yours. don't let on.

I say this as an amateur and it iw quite possible someone with better professional knowledge/experience will contradict me, so take this with a pnch of salt!

I sold my last place privately, whilst also advertising it with an EA, with their full knowledge. Basically, as long as the buyer doesn't find the place via the EA's advertising, then no fees are due. Quite how the EA might go about proving this if they dispute it, I don't know. Obviously if you enqured at the EA's about the house, then they can, but if there's been no contact with the EA about the house, they'd have a difficult job proving it in court. The other option is, of course, for the vendor to agree to wait until the EA's period of exclusivity expires.

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my understanding of this situation is thus: if you have not viewed the property with the agent, the agent cannot claim to have introduced you to the property.

All the vendor has to do is take the property off the market, and they should be in the clear.

The wording in the EA contract usually is something to the effect that: if at any time you exchange contracts with someone whom they introduced to the property then they can claim their fee.

Take a situation where a property is on with multi agents. If you only view through one agent, that agent gets the fee - irrespective of whether 2, 3 or more agents may have given you a paper on it when you call into their offices.

I am sure there have been cases that have gone to court, and the legal definition of introducing someone to the property was deemed as taking someone round on a viewing.

If that viewing was 6-9 months previous and property has been off market and is then remarketed with another agent, and someone who viewed it 18 months or so ago, reappears, the original agent then has no claim on this.

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  • 312 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • Even
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      • up 5%



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