Does estate agent get fee when house is sold privately

Sorry for coming in late into this discussion. There have been cases in which the EAs will claim that their signage or advertisements of a property have assisted in the sale even if the house is not sold by them.

A friend of mine engaged an auctioneer to sell his house recently and also placed individual ads in local newspapers with his own mobile number. It was through this that he eventually sold it but the auctioneer was claiming a slice of the eventual figure as he argued that his auctioneers signs outside the property were influential in the house being sold. I think that the matter is going to court.

Be very careful about this situation. Sorry, but I have to be the devil's advocate in this situation because I have seen some auctioneers ruin people's lives

Well, I was a bit surprised that the EA had not issued any contract or terms of engagement but we have received a letter yesterday from them confirming our..

"instructions to this firm to offer the above mentioned property for sale by private treaty, as the sole selling agency with sole selling rights for the duration of the sale. The vendor has the right to review this agreement at any time."

I have no objection to the EA having these conditions but I do think it is a litle underhand to confirm these as being part of the agreement when it was never discussed. It is also not very open to reveal this when we have already paid our marketing fee and the sign is up and the ad is on MyHome. It makes it difficult for us to drop the agent now. My faith in EA's has not been restored just yet.

I will be writing the EA asking them to clarify this item. In particular, what is the extent of our entitlement to 'review this agreement'. Does it include terminating the agreement at our discretion?

one for contract law I'd imagine, but I doubt agreeing a service and springing 'terms' half way into the process is allowed - unless they have a signed document with you clearly showing the terms of the agreement I doubt its worth much - probably works with most but I'd say you could walk away no problem if you wished without reprecussion - can't see any court upholding a contract based on terms introduced post-agreement - just a thought

As an Auctioneer myself I have to face 'this' situation myself on a regular basis. You really should leave the agent to it. If you do not find the agent any good, change agent. Thankfully the slow down is starting to get rid of a lot of the bad apples from the business.

If you market the property yourself/ with too many agents you give the opinion that you are far to desperate to sell. In this market thats not what you want to do.


I firmly believe that you get what you pay for. Pay for a good service and you will not be disappointed.

As a suggestion I offer all of our clients a performance related fee on a % basis. It works a charm and all my vendors who take this option seem very happy.

If you sell privately the EA is fully entitled to his/her fee under the rules/regs of the IAVI, IPAV AND NPSRA. All are really codes of eithics however hopefully the NPSRA will have full regulated powers and there ruling will be law by Jan 09.

Be very careful about this situation. Sorry, but I have to be the devil's advocate in this situation because I have seen some auctioneers ruin people's lives

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ever think of taking up drama?