Auctioneers fee ??

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dminor

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Hi , I recently sold a property for 350k , I asked an auctioneer to sell it for me , he put up a sign , received an offer of 330 which I didn’t accept,I sold to another person who contacted me privately and subsequently sold the property to that person with no input from the auctioneer, , the auctioneer has since contacted me looking for 1.5% of the sale price
There was no contract ever signed only verbal communication, I think this is way over the top since he never sold the property, I’ve no problem giving him say 500€ for putting up the sign and maybe at most 15 phone calls in total on this attempt at selling by him , I’m wondering what’s the situation as he’s a family friend and I don’t want to fall out with him ? Thanks
 
It's standard practice that the auctioneer gets their fee even if you sell the property privately. In most cases it remains payable for up to 6 months after you formally terminate the agreement.

However, a lack of a signed agreement weakens their case in this instance, but perhaps as they were a family friend they thought you'd honour the agreement and not try to stiff them (which is likely how they see your actions now).
 
Thanks but I’m definitely in the wrong job if an auctioneer is entitled to 5k for putting up a sign ( that fell down ) and made twenty phone calls at max , give him two days work and I’d be allowing him a lot , I think he’s trying to stiff me way more than I with him , but maybe there’s something I’m missing here ?
 
Forgot to ask what’s the situation when two auctioneers are involved in the sale must both get commission if only one of them sells the property ?
 
dminor said:
Forgot to ask what’s the situation when two auctioneers are involved in the sale must both get commission if only one of them sells the property ?
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That would be agreed in advance, but generally both will get paid.
 
dminor said:
Thanks but I’m definitely in the wrong job if an auctioneer is entitled to 5k for putting up a sign ( that fell down ) and made twenty phone calls at max
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If you think an EA putting up a sign and answering a few phone calls isn't worth 5k, why did you not sell it yourself in the first place?

dminor said:
I think he’s trying to stiff me way more than I with him , but maybe there’s something I’m missing here ?
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You're missing how estate agents work here. You entered into a good faith agreement with them, you then went behind their back and sold the property independently. It was a mistake to enter into an agreement with a family friend without fully understanding the implications. They likely assumed you were aware of how EA's fees worked. Have a word, see if they'll meet you half way, but they may already think you're trying to cheat them.
 
I don’t think answering a few phone calls and putting up a sign is worth 5k !! To me this is rip off Ireland at its best and yes I’m missing how they work , no such thing as getting paid for what you do , I did sell the property mysel at a better price than the auctioneer, I didn’t do it behind his back as i called him to say I’ve a better price got than him , proceeded to sell it as no better offer was forthcoming from auctioneer and I’d still be waiting to sell if I’d relied solely on him . Is there such a thing as no sale no commission!!
 
You wouldn't be the first person to be sued by an auctioneer, under these circumstances, and lost.
 
dminor said:
I don’t think answering a few phone calls and putting up a sign is worth 5k !! To me this is rip off Ireland at its best and yes I’m missing how they work , no such thing as getting paid for what you do , I did sell the property mysel at a better price than the auctioneer, I didn’t do it behind his back as i called him to say I’ve a better price got than him , proceeded to sell it as no better offer was forthcoming from auctioneer and I’d still be waiting to sell if I’d relied solely on him . Is there such a thing as no sale no commission!!
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This is where consumers want the best of both worlds. They give out about a lack of transparency in the world of commission. But if someone charges on a fee basis, does 95% of the work to the point of the sale and the client pulls out, they claim no sale, no commission.

If the standard practice is that you pay the auctioneer fee even if you don't sell through them, it's up to you to be aware of the practice. You should tall to them and try to come to some arrangement.

I would hazard a guess that they did more than put up a sign. Did they call out and look at the house? Give any advice on making it look its best? Take photos? Put it on myhome.ie or other websites?
 
The auctioneer looked at the property the day he put up the sign that consequently fell , no other action was taken by him with regards to advice or websites , the crux of this whole thing with the auctioneer is that I’ve no problem paying him something for his work but an itemised bill of his work would be one line , made a few phone calls put up a sign , 5k please ,
The standard practice with auctioneers is made up by auctioneers, you’ve made big money give me some of it regardless of what I’ve done for you ,
Standard practice in my work is you get paid for what you do !!
P.s the solicitor in this whole case tried to bill me nearly twice what I agreed with him , only he forgot that we agreed a price before hand !!
Stands practice by solicitors aswell I think !!
 
What was the conversation with the auctioneer in advance of him putting up a sign? Was there any pictures taken of the property/any advertising at all?

As we do not have the auctioneers version of events I will take a look at it from their point of view.

I am not sure why you are dwelling on the sign falling down. You sold your house on the back of their work obviously.

Why did you agree for someone to sell your house without discussing their fee?

You are focusing too much on the amount of work you think that they may have done.

I had a friend of a friend recently sell my house. I asked him his fee and signed a contract. They got suitable buyers at a price we were happy with after 2 months. In this time he sold a house around the corner after the 1st viewing and another close by remains on the market. I assume he is being paid the same % commission for each. My point being that in an industry where the vast majority of agents have a fixed % as a fee there will be different levels of work required. People are usually happy when they get houses sold sooner rather than later
 
dminor said:
There was no contract ever signed only verbal communication
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dminor said:
P.s the solicitor in this whole case tried to bill me nearly twice what I agreed with him , only he forgot that we agreed a price before hand !!
Stands practice by solicitors aswell I think !!
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No written agreement with estate agent.
No written agreement with solicitor? (despite being required by law).

You need to start working with professionals.
 
I have discussed it with the auctioneer and he wants to meet me somewhere in the middle , I said I’d come back to him on it so hence why I’m looking for advice and see what’s the right thing to do , the fact that he didn’t sell it and the more work I out into getting the highest price for my property means the more commission he’s expecting?
I had two other people giving me offers on my property before I finally sold and he had no one interested!!
 
dminor said:
I had two other people giving me offers on my property before I finally sold and he had no one interested!!
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Didn't you say he got you an offer of €320.000 and most likely he would have got you the full asking price if you had stayed with him. I just don't believe that an estate agent would put up a For Sale sign and put nothing up on Daft, which is where the majority of buyers go to when house searching.
 
Sorry if I mislead anyone and apologies for not making it clear, it was land and not a house not that it makes a whole pile of difference , two different people approached me through a friend of mine !
I asked a family friend if he could sell it , he couldn’t and now wants to get paid for not selling it !!
 
Hmm! Why then did you say you "sold a property" and now you tell us the sale was of land? Not making it clear at all for us mere mortals, nor for the auctioneer by all accounts. You've been told by good people here what the right thing to do would be and I very much doubt you like taking anyone's advice. Do what you will now and live with it, that's my advice after seeing everything you've said at this stage. Oh good luck in life.
 
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