Agent pushing for commission % though no sale

G

Greg79

Guest
I'm hoping for some advice on a property I bought in Budapest off-plan. The property is almost completed but I'm selling before transfer of deeds. I hired 4 EA's for this purpose with no exclusivity.

I engaged one of these EA's by emailing that I agreed to a 3% commission when the buyer is introduced. This EA got a buyer to sign a prelim sale agreement with a refundable deposit paid into the agent's a/c before the buyer viewed the property. While waiting for this buyer to visit the property, the agent demanded 1% commission. The EA never stated this condition before this (I never recieved any T&C or signed anything).

Because I had been waiting for an offer for over 6 months, I felt compelled to agree that I would pay this 1% if the sale went through or not. I asked him to use the money from the buyer's refundable deposit rather than send funds knowing that this buyer's deposit was refundable. The prelim sale agreement was very fragile and allowed either buyer or seller to bail out before end of March.

Subsequently, the 2 other agents, who due to marketing the property in local currency, recieved higher offers. I asked the buyer to match these new offers but he refused. I even reduced the price back to the original price but the buyer has walked. The agent blames me for the loss of the sale and is demanding 1% commission for his admin costs. The EA has advertised by placing the appartment on the EA's website and also done some viewings. Do I have any legal grounds not to pay him?
 
For whatever reason (sunstroke, possibly ?) you say you agreed to pay 1% "if the sale went through or not". Looks like a done deal to me.
 
Greg79 said:
... I felt compelled to agree that I would pay this 1% if the sale went through or not. ...
Click to expand...
As previously stated, done and dusted deal
Greg79 said:
... I asked him to use the money from the buyer's refundable deposit rather than send funds knowing that this buyer's deposit was refundable...
Click to expand...
Hopefully the EA didn't do this and saved you both some legal wrangles.
 
I have since learned the other offers are 'whimsical' and may not materialize :eek: .
The agent never informed me from the outset when he would demand part payment of his commission. So I assumed that it would be the same as every other agent in this market-place ie. due after signing the pre-purchase agreement and the bulk of the purchase price paid by the buyer. All I was asked for was an email stating that I was engaging his services and would pay him 3% commission to introduce the buyer.

I did not want him to emotionally blackmail me by turning away a potential buyer by refusing his request for part-payment at the 11th hour. I feel that w/o a signed contract and terms & conditions regarding payment from the get-go, neither the agent nor the failed buyer can demand payment now.
 
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