Agent issues

[fallauk]

All,

Here is an interesting one for you all... Contract run for 16 weeks then 2 weeks notice was given as per the contract (which in itself is strange).. When would you say the notice ends ? (Notice sent 16th for start on 17th - Should have ended 2nd by our calculations but they claim 3rd). We never received an offical answer from our old agents.

We took out a contract (sole agency) with another agent starting on a date after the end of the contract (4th).

But this date appears to be the first day that another provider could market the property - issue is our property was listed as under offer straight away. Our old agents are claiming we owe them monies for the sale. Is this correct ?

Thanks

[brian]

If the old agents failed to sell the property during the contract time, then I can't see how they can make a claim.

However, the current conditions being as they are, I can see a fair few agencies turning bully in order to milk every last possible source of revenue.

What do your existing agents say about this?

[fallauk]

Exactly that.

But not sure what to do - how will they know if/when the sale completes...

Aparently according to our solicitors - the day you give notice is not included in the notice period, but this was never made clear by our old agents.. But the sale went through on the 4th.. Their first marketing day..

[AshfieldFOCUS.com]

Hhhmmm...

So, if they claim contract ended on 3rd, and your sale went through on 4th... then to me, there is a clear distinction. I would tell them to take a hike, especially as they didn't appear to to have done anything in their contract period.

However, you don't say wether the 4th would have been within their original 16 week contract. That MAY just have some bearing. You need to read your contract carefully, or get your solicitor to check it over.

[fallauk]

Thanks for the reply.. They never confirmed the date - so 14 days from the 17th (Notice given to start on 17th). To me means it ended on the 2nd....

[drhouse]

Well I can't speak for agents in England but I know in Scotland it is a common clause that a seller will be liable for the sales fee if they sell 'at any time' to a buyer introduced by the sole agent. In some cases it is added 'a buyer whom we had negotiations with' However, it solely depends on the wording in your contract which your solicitor should advise you on.

I have only had to invoke this once. The seller set up a private deal for a sale and then lied that they had arranged to rent it. I had been dealing with an offer their buyer had made and rejected, which they then took it upon themselves to further negotiate directly. To be honest I probably would have ignored it but I had worked my ass off on this property and they deliberately lied to me. I got my full fee but if they had been upfront then I would have reduced it.

[fallauk]

Thank you all for your assistance..

The estate agents have now sent a demand for payment of the agency fees for a Multi-Agency agreement. Firstly we never agreed to go multi-agency with them and multi-agency terms state that the successful agent gets paid..

So I take it they don't have a leg to stand on.