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 Post subject: If we buy house, could EA pursue us, for commission on sale
PostPosted: Mon May 07, 2012 7:40 am 
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We viewed a house, which has two different estate agents acting

EA1 showed us around twice,
we made an offer, in the absensce of any fedback from EA1, called EA1, EA1, said he had not heard back from Seller
Waited a few more days , told EA1 we want feedback by a certain date, regardless of whether our offer has been accepted or not
The deadline passed , and no feedback from EA1

We rang other EA2, turns out two bids on house (our EA1 was not aware of these)

WE have lost faith in EA 1, and intend to deal with EA2, (the one has two bids in property)

If we buy house, could EA1 pursue us, for commission on sale (he did show us around twice)

I have not told EA 1 we are going to deal with EA 2


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 Post subject: Re: If we buy house, could EA pursue us, for commission on s
PostPosted: Mon May 07, 2012 9:35 am 
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You don't pay the EA when you're buying the house.The vendor (seller) pays him/her.


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 Post subject: Re: If we buy house, could EA pursue us, for commission on s
PostPosted: Mon May 07, 2012 9:46 am 
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EA1 needs to see this:


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 Post subject: Re: If we buy house, could EA pursue us, for commission on s
PostPosted: Mon May 07, 2012 9:49 am 
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I don't think it's a stupid question at all. This sort of situation arises more and more nowadays and people have genuine concerns entering into a complicated arrangement when they are already under stress of trying to buy a place.
What I would to is, go and view the house with the other agent EA2. Then you have viewed the house with both. As long as both agents had the ad up on Daft and/or signs outside the house then its fair game. And then proceed from there by withdrawing offer from EA1 and going ahead with EA2.
Bear in mind the two offers may or may not be real.
The seller may not have gotten back to EA1 at all (and that part might be real) because the seller was waiting to see what was happening with EA2 and those bids - possibly because the Seller doesn't want to end up paying both commissions! It'll be the seller who'll be pursued for the commissions. The EA1 may try to make you feel bad about it, but to be honest you had no other choice.


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 Post subject: Re: If we buy house, could EA pursue us, for commission on s
PostPosted: Mon May 07, 2012 10:45 am 
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Ivor Lot wrote:
You don't pay the EA when you're buying the house.The vendor (seller) pays him/her.


Hi Ivor

I know the vendor pays the comission, my concern was : Ea1 tries to sue us for lost commission, could he argue he was the one who showed us around house


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 Post subject: Re: If we buy house, could EA pursue us, for commission on s
PostPosted: Mon May 07, 2012 12:25 pm 
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k1234567 wrote:
Ivor Lot wrote:
You don't pay the EA when you're buying the house.The vendor (seller) pays him/her.


Hi Ivor

I know the vendor pays the comission, my concern was : Ea1 tries to sue us for lost commission, could he argue he was the one who showed us around house


In the real world of sales you get nothing for good intentions, effort or working long hours.
You get paid for closing the deal.
EA 1 has nothing to sue for.
If they did sue then there would be a spotlight of negative attention on them that would drive good business away, see Streisand effect.

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 Post subject: Re: If we buy house, could EA pursue us, for commission on s
PostPosted: Mon May 07, 2012 12:30 pm 
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watch+wait wrote:
k1234567 wrote:
Ivor Lot wrote:
You don't pay the EA when you're buying the house.The vendor (seller) pays him/her.


Hi Ivor

I know the vendor pays the comission, my concern was : Ea1 tries to sue us for lost commission, could he argue he was the one who showed us around house


In the real world of sales you get nothing for good intentions, effort or working long hours.
You get paid for closing the deal.
EA 1 has nothing to sue for.
If they did sue then there would be a spotlight of negative attention on them that would drive good business away, see Streisand effect.

In addition you have no contract with EA 1.

He like any other EA does not owe you any duty of care.

The only person he could sue is the vendor. He does have a contract with them but usually the two estate agents involved just split the commission :)


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 Post subject: Re: If we buy house, could EA pursue us, for commission on s
PostPosted: Mon May 07, 2012 9:10 pm 
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Two bids? :roll:

Perhaps you should consider employing the services of a third EA for the purchase of a different house.

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 Post subject: Re: If we buy house, could EA pursue us, for commission on s
PostPosted: Mon May 07, 2012 9:18 pm 
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That would be Mr P Hantom and his cousin Hal Ulinacation

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