Took house off market and then sold privately: Now auctioneer wants commission?

[MrMan]

The EA obviously believes the friend made an affer to the OP, who accepted and then took the house off the market so as to avoid paying fees. Let the EA prove this.

The timelines are all in the EA's favour and i still believe that the EA will accept a reduced fee, maybe set price rather than go through the courts

 

[Paulone]

If the OP didnt receive a contract then he would not have these T&Cs, i dont not see how the EA can seek to rely on conditions he made no effort to bring to the OP attention.

Secondly, the friend approached him AFTER he took the house off the market when he was finished with the EA services. Why should the OP go back to the EA then and pass on this interest when he no longer employed his services.

The EA obviously believes the friend made an affer to the OP, who accepted and then took the house off the market so as to avoid paying fees. Let the EA prove this.

The fact that an four-month understanding was in place would surely place the obligation on the OP to know all the details of the arrangement with the EA? Flip side would be in the event of a successful sale through the EA, the OP could refuse to pay the fee because 'there's nothing signed' or 'they never told me'... hardly!

The OP is under no obligation to pass on the interest after the arrangement is complete, but having made myself aware of an EA's T&Cs, there was a need for caution! My understanding is that if it had become known that I subsequently sold by myself within three or so months after dropping the EA (I didn't, pity about it), I could have expected them back on the doorstep looking for a fee.

In this case, I don't know how the EA might have found out but they did and they want a fee. I hope that the OP has an equally valid basis to argue that they aren't entitled to it.

 

[Flax]

That seems to be the point that you are missing. The OP would have to prove that the EA didn't introduce them. They would have to prove that a sign erected outside the property for 4 months and advertising over that period had no bearing on how the buyer came toy realise that the property was for sale.

Don't you think it's a bit unfair that the seller has to prove the EA didn't introduce them, rather than the EA having to prove he introduced them?

As the OP stated, he is selling to his friend. If he was selling to someone who had already viewed the house when the EA was showing it around, that'd be a different story alright...

 

[MrMan]

As the OP stated, he is selling to his friend. If he was selling to someone who had already viewed the house when the EA was showing it around, that'd be a different story alright...

But doesn't it seem strange that this 'friend' waited 4 four months and then 1 week after it left the market approached with an offer. To me it looks like someone waiting for their opportunity to get a deal. This friend moved in very quick and I would be very sceptical of him not knowing that the house was on the market prior to that week.

 

[blanc]

Did your friend view the property with or ring the agent in question? Did you agree the sale with him before you removed your property from the agent in question?

I am an Auctioneer: If the answer to all of the above is no the agent is not entitled to a fee...He would however be entitled to any costs encoured ie advertising

 

[gally74]

hey Toolbox,

i sold a house a few years ago myself, i spoke to my solicitor and this was the answer,

if the auctioneer should the client around the house and then you sold to them on your own, they could look for the fee's once the buyers name is on the deeds,

if however that they came to you on your own, no problem,

its the same when there are two estate agents tying to sell the same house, he who sells wins, well done on doing the deal,