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Any Estate Agents out there?

(31 Posts)
NonnaW Thu 24-Jan-19 13:10:29

We are trying to sell our house. Unfortunately the first sale fell through so we are back on the market but no offers so far. Our problem is this; one of our neighbours has approached us with a view to buying from us. Anyone know where we would stand (legally and morally) selling privately? We are out of the estate agent’s initial contract period.

Nonnie Thu 24-Jan-19 13:18:47

I think that if you cancel with the agent you should be OK but the best thing to do is ask your solicitor after carefully reading your estate agent's contract.

petra Thu 24-Jan-19 14:10:43

When we went to view our current property (4 yrs about) the estate agent didn't turn up!!
We knew that the vendors were at home. We knocked on the door, went in and more or less said: ok, let's talk turkey here, your EA is rubbish, ditch them, we want this place and the deposit will be with your solicitor today. We both saved money. Job done grin

Telly Thu 24-Jan-19 14:18:36

I think you should be fine, I would speak to your agents if it looks like it is going through, to let them know that you have found your own buyer. I know someone who did exactly this, the agent was fine as they knew that they had nothing to do with the introduction.
petra - you were lucky to get away with it. Agents have been known to sue for their commission.

Anja Thu 24-Jan-19 14:35:03

Tell your estate agents you don’t need their services any more. Say you’ll try to sell it privately as they don’t seem to have had any success.

NonnaW Thu 24-Jan-19 15:47:35

Thanks for the advice all. I’m not sure it would go ahead anyway as they are offering way below the minimum we need to cover our costs, but that may just be their opening gambit. We have another viewing on Friday, so we will see how that goes and then have a good hard think. DH has been threatening to read through the EA’s t&c’s, so a little persuasion there might be in order smile

Nonnie Thu 24-Jan-19 15:50:27

Hold your ground, I don't blame anyone for making a low offer, it is usually not their final offer. It's all in the negotiations. Nothing wrong with telling them you have another viewing though!

NotTooOld Thu 24-Jan-19 18:17:52

If, as you say, you are out of the estate agent's initial contract period then you should be ok but it is a grey area and estate agents react in different ways. After all, they have invested time and money in promoting your property even if you are not particularly satisfied with their service.

lilypollen Thu 24-Jan-19 18:29:42

I think you might be best terminating your agreement with them even though the initial term has expired. As long as your neighbours hadn't been introduced to your property by the agent (which doesn't sound likely) then you shouldn't have any obligation to them.

luluaugust Fri 25-Jan-19 16:23:01

I also think you would be best letting your EA go if you want to pursue the offer from the neighbours BUT if they don't proceed or offer more money then you really are back to square one, you do need to be a bit careful although you say you are outside the contract time with them. I hope todays viewing has gone well.

M0nica Fri 25-Jan-19 17:39:59

Unless you live in a one-estate town. End the contract with the existing EA, negotiate with the neighbour, then if that falls through, sign up with a different agent

HurdyGurdy Sat 26-Jan-19 09:16:01

I think it depends if their contract states they have sole selling rights.

I don't know if there is a follow on period after you cancel the contract whereby they would still be entitled to some payment from you. They're not daft. They will be aware that people will use their services in marketing the property, putting up a board, advertising it, introducing prospective buyers etc, only to try and sell privately to save on their fees.

Shortlegs Sat 26-Jan-19 09:34:09

Presumably because you are planning on moving you have a solicitor lined up and ready to go? Ask them, I wouldn't depend on the barrack room lawyers.

blue60 Sat 26-Jan-19 09:37:42

If your contract with the agent has ended, you can sell your house with another agent or sell directly yourself.

Most estate agents I've come across have a three or six monthly contract and this is stated at the time of signing your contract.

As long as you have a solicitor to undertake the conveyancing process and oversee all the legalities involved (land search etc).

Find out about the process of selling direct and get legal avice.

Startingover61 Sat 26-Jan-19 10:06:08

When my ex-husband and I sold our last home, we sold privately. Just make sure you have a good solicitor. You can cancel the estate agent and owe them nothing. I'm currently selling my home and almost changed agent at one point.
No sale from them = no fee.

Kernowflock Sat 26-Jan-19 10:14:46

If yor neighbour has not been in contact with the estate agents then it is s private sale. There would be costs as per your contract but the sale % would not apply. All the best x

eilyann Sat 26-Jan-19 10:20:55

We were in the same position 18 months ago. Neighbour - a friend- decided he wanted it. We too were out of the initial contract period. We told the agent who congratulated us and wished us well. I realise not all agents are the same but it worked well for us as we were downsizing and a lot of the furniture we left - they bought for a low sum but we would have been hard pressed getting rid of it all ourselves as it was big stuff. And we are still friends!

Yorkshiregirl Sat 26-Jan-19 11:24:03

I believe there would only be issues with the estate agent if you sood privately to a viewer they had sent, but please contact the agent and tell them to take your property off the market. Chech your contract of course

sarahellenwhitney Sat 26-Jan-19 11:26:35

If you can sell privately I would not bother with agents who, from my experience in selling six properties over the years, put their 'profits' before customer.

Craftycat Sat 26-Jan-19 11:33:28

I was an Estate Agent for many years. ( I was a nice one!! Never worked for a multiple with their commission rules etc)
You are perfectly safe to sell your house privately. Your agent should be absolutely fine with it.

Skweek1 Sat 26-Jan-19 11:37:15

If you are out of contract time with your EA, you can sell however you choose and to whoever you choose.

quizqueen Sat 26-Jan-19 12:22:08

My contract with the estate agent stated I would be liable for fees for up to 6 months after cancellation if I then sold privately. Only thing was, they never noticed I hadn't actually signed anything, as I had asked for a few changes in the advertising particulars and they never chased me up to sign! I withdrew in the end and made improvements to my own property so never sold. My experiences with several estate agents has shown me that, if I sell in the future, I will do it myself or use a cheaper online agent as they all seem to do very little for their money.

Bluebonnie1 Sat 26-Jan-19 12:28:41

Read the terms and conditions carefully.
Even if you make it clear that you don't want current agents to continue marketing the place, some contracts say you would still be liable to pay them commission if you complete a sale with someone else within 28 days or even two months.
After all they have put some effort into marketing the place.

MysticalUnicorn Sat 26-Jan-19 12:46:16

If you are still under contract with your estate agent he has the right to charge you fees as he is still advertising the property on your behalf. You need to resign from the estate agent before you can start proceedings with your private sale.

gilld69 Sat 26-Jan-19 13:08:22

we sold ours privately we both instructed solucitors to deal with it so much cheaper than using esrate agents