2 EAs looking for a fee on same sale-legal advice?

M

Mr Ed

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Hi,

We're in a kinda complicated situation but I'll try to keep it simple: a while back I contacted 2 local EAs wondering if anyone was interested in buying in our estate. Turns out there was and I got a call from EA 1 that evening about a client. EA 2 called me the next morning and from the person he described I realised he was talking about the same person (who I happen to know). I told both EAs that I reckoned they had the same client but neither made anything of it and both promised viewings with the client. EA 2 got there first and from then on the client has been going with him. However EA 1 is claiming that he will want a fee from us too if we get a sale from this client as he was the one who made the first introduction. Does anyone know if we will be liable for both fees, or how do we get out of it???

Thanks,

Mr Ed
 
Forget the legalities for the moment.

Are they both members of the MIAVI or the IPAV?

If so, tell them to sort it out amongst themselves.

It is a difficult one. Presumably the EA did not tell you the name of the client? So you have no way of knowing if they are dealing with the same person.

So I would guess that EA 2 gets the fee.
 
There was no written agreement, no pictures taken or ads done, it was all very casual and unexpected to be honest, and happened very quickly. I know for a fact it's the same person. Someone who lives nearby.
 
I had a similar issue in the UK. I had a contract with EA1 that said that any introduction that resulted in an eventual sale would incur a fee. They introduced someone, and in the meantime I realized that the asking price was way too low. So I went to a new EA with a better understanding of values. A buyer who had viewed the property then went to EA2 and we eventually sold to that person. I had to pay both EAs their fee because that was the contract I had signed. No quibbles despite the incompetent valuation of EA1.

In your case - it depends on the contract you signed with EA1. If none, then you're not obliged to pay them anything, I'd say.
 
They're both chancers by the sounds of it, as are most auctioneers. Tell EA1 that you never made any agreement with him to give him a cut of the sale price.

EA1 didn't even "introduce" the buyer, as all he did was told you that he had some punter on his books. EA2 obviously gets the commission if the place is sold as he actually introduced the buyer to you.

I reckon you tell EA1 to sod off. That's how you get out of it.
 
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