Private sale of my house through someone seeing my forsale sign...

[Andy_Blade]

Hiya everyone....

I'm in a bit of a predicament and would like some help.

I have had my property on the market now for 5 weeks. Someone saw the sign and tried to arrange a viewing twice, with the agent not returning his calls. He has simce come to me direct, wants the house and we have come to an agreed price..

..now, where do I stand with the Agent??, the agent is the 'Sole Agent', not 'Sole Seller', but the buyer saw the 'For Sale' board for the agent, therefore the agents advertising..

I'm a bit lost by all this so anyone got any ideas??

[bartholomew]

Hi Andy

if you sell privately what is an agent doin g there?forget about the agents (unless you signed something) and get on with the sale.

[bartholomew]

Hi Andy

if you sell privately what is an agent doing there?forget about the agents (unless you signed something) and get on with the sale.

[Andy_Blade]

I had the property on the market with the agent before the guy approached me direct. He only came to me coz he saw my for sale board.. I'm worried that this might put the agents nose out of joint and the agent will still want his commision.

[Andy_Blade]

.. in addition to this, I have already signed a contract with the agent to act as Sole agent, but not as Sole Seller..

[woofgang]

If you are feeling peeved with the agent then cut him out but you risk him taking action on the basis that the buyer saw the board. If you are feeling super honest, then negotiate a fee reduction on the basis that all the agent did was stuck up a board and the buyer had to contact you directly!!

[Andy_Blade]

Thats what I was thinking woofgang. But what kind of action could the agent take??, I've had a chat with the agent and got him down from 1.5% comission to 1%, but thats still �1700 quid. Could I just take the property off the market??

[jean88]

Is either 6 months or 12 months until you can take the house off the market without paying a fee, look in your contract. If the agent is not answering the calls what is he doing? But he had advertise for you, the sign, photo in the window, on the internet etc...Ask him the fee if you want to take the house off the market now due to personally reasons. It should really be all in the contract. Did you take a good look?

[Andy_Blade]

jean, your saying that I cant take it off the market at all for either 6 or 12 months????..

I dont think I actually got a copy of the contract or the terms and conditions... I'll have to give them a call and get them to send me a copy..

[zmudge]

You will find yourself in a proper predicament if you do not proceed through the Agent. You will find yourself quite quickly in the County Court with all the extra costs and trouble that that entails. You cannot win. You should instruct your potential purchaser to make his offer through the Agent who will then pass it to you for acceptance. The Agent will get things moving and progress the sale through both parties legals, chains and lenders (if any) and keep you informed. You must pay the Agent in full on exchange (not completion). Do not mess about.

[Octavius]

In contract, Estate agents must state either the exact amount you will be charged, or when this is not possible, provide details about how the costs will be worked out or give an estimate.

According to research by the Consumers' Association, contracts can be badly worded and misleading.  It warns people to watch out for terms, which could catch them out.

For example, if you opt for sole selling rights, and then find a buyer yourself, you will still have to pay the estate agent.

Another one to watch out for, if you are a seller, is a "ready, willing and able purchaser contract".  You will have to pay once a buyer, who is able to exchange unconditional contracts, is found.

This still applies if you withdraw your property before the sale is completed.  In this scenario, you may also be charged for the cost of 'For Sale' boards and advertising.

You can download the general codes & rules here:

http://www.naea.co.uk/the_naea/general_public/code_practice.asp

[twiglet4frog]

my parents had a similar situation and refused to pay the agent because they didnt find the seller or return calls to a valid party interested.

In fact they only had 1 person to view by them in 2 years whereas the couple making an offer never went through the estate agent.

After being directed to do the deal through the agent by my parents after they popped by one night, the agent said it would take 3 weeks to arrange an official viewing for them even tho they had been to see it already and wanted to make an offer. The agents insisted they view the house through the agents before an offer would be accepted! In the end my parents and buyers went through solicitors only and sorted it all out. And when the couple never turned up for the supposed official viewing due to what was already being sorted out, the agent never phoned them to follow up what had happened.

Then a week after they moved out they received an �1800 bill from the agent for the work they did selling the house. my parents consulted a solicitor and after a threat of court action over failing to provide the service paid for they managed to settle it that my parents only paid �400 for administration costs such as advertising etc (not that there was much)