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Can Ea Still Expect A Fee If They Didn't Help Sell The House?

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Hi All,

A colleague at work has had her house on the market for over a year (overpriced ;) ).

She's now done a deal with her next door neighbour who's going to buy it and when she informed the EA they made it clear they would still expect their fee.

I've no idea what she signed with this EA, but would it be normal for the EA to expect their commission when they had no hand in selling the property?

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Yes, if she signed a sole agency agreement then they'll want their cash and be entitled to have it. Normally agreements are shorter than a year though, so maybe hers has expired.

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agree with nationalist.she should look at the date and then draw up a contract of sale that bypasses the expiry of the sole agency.

she sounds stoopid though and stoopid is as stoopid does.

it's quite normal for people like ehr to get seperated from their cash

You would not believe how accurate your assesment of her from my short post is. :D

She's been sharing all the details of her house buying and selling saga for the last few months and I can't believe how little research she's done before making the biggest purchase of her life. "Oooh shiney thing! I want that one!"

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Yes, if she signed a sole agency agreement then they'll want their cash and be entitled to have it. Normally agreements are shorter than a year though, so maybe hers has expired.

A sole agency agreement is where the EA is due a fee if they are successful in introducing a buyer who proceeds to an exchange of contracts. The sole agency part is to prevent a seller from marketing their home with several agents. If a seller sells privately and the EA had nothing to do with introducing the buyer no fee is due.

On the other hand if they have signed a 'sole-selling rights' agreement then the EA is due a fee when the property is sold irrespective of whether they had any involvement in finding a buyer.

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When I sold my house I asked for and was given a clause to the effect that in the event that I found a private buyer I would pay the EA zilch. It is pretty standard practise I believe.

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A sole agency agreement is where the EA is due a fee if they are successful in introducing a buyer who proceeds to an exchange of contracts. The sole agency part is to prevent a seller from marketing their home with several agents. If a seller sells privately and the EA had nothing to do with introducing the buyer no fee is due.

On the other hand if they have signed a 'sole-selling rights' agreement then the EA is due a fee when the property is sold irrespective of whether they had any involvement in finding a buyer.

Correct, that's the way I have always understood it. I would imagine that the fact it has been up for a year and the contract expiring is a red herring as the estate agent will have been getting the contract renewed as required. If I was the lady in question I would be checking my agreement carefully as it could be the case that the estate agent is chancing it's hand as a sole agent rather than having sole selling rights.

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A sole agency agreement is where the EA is due a fee if they are successful in introducing a buyer who proceeds to an exchange of contracts. The sole agency part is to prevent a seller from marketing their home with several agents. If a seller sells privately and the EA had nothing to do with introducing the buyer no fee is due.

On the other hand if they have signed a 'sole-selling rights' agreement then the EA is due a fee when the property is sold irrespective of whether they had any involvement in finding a buyer.

That sounds correct, al depends on the wording. There was the foxtons case involving the same

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2008/419.html&query=foxton&method=boolean

Edited by phead

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I agree with your other underlines but "It's" does have an apostrophe in this context. "It's quite normal" is a contraction of "It is quite normal".

Aye, but it still needs a capital :P

not that Im a gramer nazi yo understand....

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Yes, it was the lack of a capital letter I was objecting to; also the lack of a full stop after cash.

I'm probably being a complete Nazi here, but hey, check out the avatar. :lol:

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  • 285 Brexit, House prices and Summer 2020

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      • down 5% +
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      • up 5%



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