Gransnet forums

Chat

Any Estate Agents out there?

(32 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.

CarlyD7 Sun 27-Jan-19 06:32:57

Lots of great advice already. Just one additional thought - make sure that the neighbour didn't know you were selling through seeing the For Sale sign (not sure if that constitutes an Introduction?) If it was me, I would come up with an alternative way that they found out (as neighbours, should be do-able).

Venus Sat 26-Jan-19 23:26:59

Make sure that you've sent a letter to your estate agent cancelling your contract with them. I believe you have to wait several weeks for that to take effect.

Camelotclub Sat 26-Jan-19 20:03:29

We did this back in 2011. Had house on with an agent, no offers, then months later a note through the door from a couple who'd viewed months earlier! Out of agent time limit so went ahead quite smoothly. Solicitor delighted we'd got one over on the estate agent! Out of courtesy we did inform them (agent) but they weren't interested. So I'd go ahead, and use good solicitor.

Harris27 Sat 26-Jan-19 16:50:09

If you are going to go ahead with neighbours offer I would take the house off the market with present ea just to cover yourself.

MadFerretLady Sat 26-Jan-19 16:30:39

When my mother died I sold her commercial properties and home (flat above them) privately to the chap next door. I knew he wanted to redevelop the area and would be interested so I asked if he wanted to take it on, and he assured me he would and keep all the tenants as well since redevelopment was a long way off financially for him. All legal and done through solicitors but he made and accepted. Saved myself both commission from the auctioneers and the advertising package that came with their 'service' which ran into thousands ... job done.

jocork Sat 26-Jan-19 13:39:38

When we sold my first flat it went to a colleague of my husband's after he put up an ad on a notice board at work. Unfortunately the colleague came round unannounced and we were out so she contacted the EA to make an appointment. We told the agent that we had found our own buyer and they agreed to reduce the commission % even though they'd been involved. Seemed pretty fair at the time.

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

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.

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.

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.

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.

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.

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.

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

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!

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

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.

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.

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.

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.

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

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.

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.

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.

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!