Interest in house after agent contract expired

[fraggle08]

Hi all
We are trying to sell our house at the moment and a few months ago signed a sole estate agent contract for a period of 12 weeks. This has now ended and we have been so busy recently so have not had tome to renegotiate a new contract yet. And actually we have been debating not using this agent any more, but whilst we find a new one we have left the others in limbo.
Then out of the blue they had a viewing for us!
Without getting ahead of myself if this prospective buyer likes our house and wants to proceed where do we stand on agency fees etc? Does it remain what we had previously agreed, even though that time frame has expired? Or do we need to agree something new? Or is there a default that it goes to if you are outside a contractual period? I have never sold a house before so not sure what to do!
Probably won't come to anything anyway but just in case I need to know what to do.
Many thanks

PS - also does anyone know the best (& most tactful) way to go about informing an estate agent that you don't want to continue with them anymore? Do you simply tell them straight? Again, I am rather green on this subject!

[ummmm]

There fee tends to be the same regardless. It's always something you can try and negotiate though.

If you don't want their services anymore the best thing is to tell them straight. After the viewing though..!

[redcrx]

the estate agent introduced the buyer to you so they will be wanting their commision.

you didnt remove your property from their listings, i presume it was still on the website and they were still marketing it so the contract still stands.

The 12 weeks would be in place as fixed with a rolling contract thereafter UNLESS you gave them the notice required to come out.

[woofgang]

point one, what does your agreement say? If it says that it extends unless cancelled then you are stuffed. If not however.....
Point two how much do you want this prospective buyer to view your house? I reckon if you said in writing email will do "well actually the contract has expired but as you have done the work, i am happy to accept this one viewer on the same t and c as the expired contract, without contract renewal". Once the viewer has been, either that will sell your house in which case the deal is done or it doesn't in which case you say, write, phone or email "Thank you for your services, we have given it some thought and have decided not to renew our contract with you" Estate agents are hurting atm they won't argue and may offer a better rate.

[ummmm]

Have I read this wrong?

I thought she was asking about the commission and simply whether it's stands at the same amount now the 12 weeks are up if the viewers want to buy.

If they don't I presume she'll then swap agents..

[redcrx]

if you dont sell this time and do want to change agents then just a simple note that states that as from whatever date (a months notice is usually requested) you no longer wish them to market your property.

Oh and remember that they can stake a claim to commission if anyone who viewed the property via them makes an offer after they are no longer agents.

[fraggle08]

thanks all. Yes ummmm I did mean that.
and nice tip at the end there, redcrx. Good point and very true!
I definitely want this prospective buyer to view (I'd be mad to turn them away!!), and of course we will be over the moon if they like the house.
I just wanted to be in-the-know re the commision rate should it sell with this agent to this person, now that we are no longer within out contracted period.
If it doesn't sell to this person and the agents have nothing else to offer, then we shall pull our finger out and write them a polite letter next week (once we've found a better agent that is!)
Woofgang is right, estate agents are not having a good time at the moment, which is why I'm disappointed with the attitude of this lot. I know there are not many buyers out there so I don't blame them for us not selling it, but they have been really un-proactive and arrogant with it!
While I'm on the subject of other agents has anyone any experience of isold.com? They are a joint venture between tesco and spicerhaart and have been leafleting us relentlessly. They are super cheap but i've heard it is basically a do-it-yourself job, hence the low fees. Any feedback on good agents in the Bristol area would be gratefully received! Many thanks

[cassa333]

If you don't cancel the contract in writing then when the original expires it just rolls into another. This is standard with most estate agent contracts.

Redex is right there is aslo a time frame for anyone who has viewed your property with them.

I don't know how that would work if for example one agent had your property on the market for £120, you have 10 viewings with no offers. The contract ends and you legaly change agents with a new asking price of £115 and they show someone who has seen you property with the other agent. They then make an offer and you accept. Would the first agent be entitled to commission?