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?
Boom78 said:
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?
Exactly this. They employ a firm to trawl the land registry and check the names of new owners against properties they listed but did not sell.Thanks for all your replies.
I have requested a copy of the T&C's from Agent B.
To clarify....
This firm acting on behalf of Agent B are insinuating that THEY introduced the buyer first, and that even though I have shown them proof that Agent A had the first viewing, they don't believe that viewing took place!?!?
I have requested a copy of the T&C's from Agent B.
To clarify....
This firm acting on behalf of Agent B are insinuating that THEY introduced the buyer first, and that even though I have shown them proof that Agent A had the first viewing, they don't believe that viewing took place!?!?
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