Sold a property using dual agents. Agent chasing me
Discussion
Hi all.
I sold a property last year.
Instructed agent A on 16 week sole agency contract.
With around 3 weeks to go on said contract, we brought agent B on as dual agents. We informed agent A who said Ok, but if Agent B sells within these 3 weeks, we would still owe Agent A. Fair enough.
1 week later, we had an offer through agent A. We then told Agent B it we were accepting the offer.
Exchanged, completed and paid Agent A.
Fast forward 8 months and Agent B are chasing us for their commission.
Apparently the eventual buyer also viewed the property through Agent B (they also offered, but was too low so we rejected the offer).
It's only now that I realised the buyer viewed through both agents.
Summary.
Agent A introduced the buyer first.
Their viewing took place, before the buyer viewed through Agent B.
Does agent B have a claim to commission?
Thanks
I sold a property last year.
Instructed agent A on 16 week sole agency contract.
With around 3 weeks to go on said contract, we brought agent B on as dual agents. We informed agent A who said Ok, but if Agent B sells within these 3 weeks, we would still owe Agent A. Fair enough.
1 week later, we had an offer through agent A. We then told Agent B it we were accepting the offer.
Exchanged, completed and paid Agent A.
Fast forward 8 months and Agent B are chasing us for their commission.
Apparently the eventual buyer also viewed the property through Agent B (they also offered, but was too low so we rejected the offer).
It's only now that I realised the buyer viewed through both agents.
Summary.
Agent A introduced the buyer first.
Their viewing took place, before the buyer viewed through Agent B.
Does agent B have a claim to commission?
Thanks
macron said:
Why would they not have a claim if someone who viewed through them bought it?
Because they viewed through another agent first, who they eventually bought through.According to google, a buyer viewing the same property through different agents is not uncommon on multi-agency contracts.
eliot said:
there was a similar thread already on this.
In this case and unlike the other, I dont think you have a leg to stand on - unless agent B's t&c state that if agent A sells it, they dont want commission.
Thanks, I'll have a search.In this case and unlike the other, I dont think you have a leg to stand on - unless agent B's t&c state that if agent A sells it, they dont want commission.
I would've thought the caveat here is who introduced the buyer first?
Otherwise multi agency contracts would be extremely rare?
I know this doesn’t answer your question but I’ve often wondered how agents track who sold/bought and subsequently chase for fees. Do they spend their time trawling land registry and cross referencing against their database? Wouldn’t they be better using their time to try and sell houses than be ambulance chasers?
DaveyBoyWonder said:
What kind of person views the same house via different agents?! The balls of agent B - as if they do enough to warrant their commission anyway but to claim it when another agent has dealt with the house sale... wow...
Not quite the same, but my current house was vacant and on with dual agents. I didn't view thru (but would have done), but did go and have a good discussion with agent B about the property as A was being difficult to deal with / I was trying to see thru their smoke n mirrors (6 months on the market, no offers, one magically appeared an hour after we submitted ours). Turns out there was a remote agent C overlooking both A and B (who got a 50/50 split) in the end, just to make it more complex.
We were outbid, sale fell thru, agent A never bothered to let us know, only by a cursory call to C during lockdown did I get the offer accepted.
You will need to find the conditions there is no other way forward.
It normally works that the first agent gives the second agent a list of people they are already dealing with.
As to the rest you then have agency or joint sole selling rights.
I gather that agents employ companies who sift though land reg data looking at recent sold properties and the name of the buyer and match to someone they have shown round it - then put in a claim .
Sometimes this is valid - sometimes ( maybe here maybe not) it is not - but why do they care - ask for money and see what sticks.
Morally I agree with you - they can jog on - but the starting point is what you agreed to and work from there.
They introduced a buyer who at the time you rejected. For whatever reason they then looked via the other agent. That is the buyers prerogative - maybe the agent was run when rejecting the offer ?
It normally works that the first agent gives the second agent a list of people they are already dealing with.
As to the rest you then have agency or joint sole selling rights.
I gather that agents employ companies who sift though land reg data looking at recent sold properties and the name of the buyer and match to someone they have shown round it - then put in a claim .
Sometimes this is valid - sometimes ( maybe here maybe not) it is not - but why do they care - ask for money and see what sticks.
Morally I agree with you - they can jog on - but the starting point is what you agreed to and work from there.
They introduced a buyer who at the time you rejected. For whatever reason they then looked via the other agent. That is the buyers prerogative - maybe the agent was run when rejecting the offer ?
You will need to find the conditions there is no other way forward.
It normally works that the first agent gives the second agent a list of people they are already dealing with.
As to the rest you then have agency or joint sole selling rights.
I gather that agents employ companies who sift though land reg data looking at recent sold properties and the name of the buyer and match to someone they have shown round it - then put in a claim .
Sometimes this is valid - sometimes ( maybe here maybe not) it is not - but why do they care - ask for money and see what sticks.
Morally I agree with you - they can jog on - but the starting point is what you agreed to and work from there.
They introduced a buyer who at the time you rejected. For whatever reason they then looked via the other agent. That is the buyers prerogative - maybe the agent was run when rejecting the offer ?
It normally works that the first agent gives the second agent a list of people they are already dealing with.
As to the rest you then have agency or joint sole selling rights.
I gather that agents employ companies who sift though land reg data looking at recent sold properties and the name of the buyer and match to someone they have shown round it - then put in a claim .
Sometimes this is valid - sometimes ( maybe here maybe not) it is not - but why do they care - ask for money and see what sticks.
Morally I agree with you - they can jog on - but the starting point is what you agreed to and work from there.
They introduced a buyer who at the time you rejected. For whatever reason they then looked via the other agent. That is the buyers prerogative - maybe the agent was run when rejecting the offer ?
Perhaps slight off topic but what is the point of dual agents? Both are selling to the same market?
Can't really blame the buyer for a mix up in which agent they contacted/viewed with - to them it's the same house so I doubt they care who they are dealing with but clearly this introduces risk for the seller!
Can't really blame the buyer for a mix up in which agent they contacted/viewed with - to them it's the same house so I doubt they care who they are dealing with but clearly this introduces risk for the seller!
I'd be staggered if Agent B doesn't have something in their T@C's to reclaim something if you sell through another agent.
As others have said, you signed up to something, you need to ask for whatever you signed up to!
If they don't have such terms, suggest that your payment is offset by pointing this out to them for the next seller.
If they do, pay up!
As others have said, you signed up to something, you need to ask for whatever you signed up to!
If they don't have such terms, suggest that your payment is offset by pointing this out to them for the next seller.
If they do, pay up!
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