Estate agent commission

[tRoN]

Hi

A property was listed with an agent and the seller subsequently takes it off the market but one year later the seller directly calls one of the people that viewed the property when it was listed.

Can the agent still claim commission?

 

[Hamster]

How did the agent find out you are playing the long game?

 

[Tomtomtom]

Hi

A property was listed with an agent and the seller subsequently takes it off the market but one year later the seller directly calls one of the people that viewed the property when it was listed.

Can the agent still claim commission?

There's probably an introduction clause in your contract but it should be time-limited. A year would be a long time for the agent to have a claim but maybe that was agreed.

 

[tRoN]

How did the agent find out you are playing the long game?

I’m the purchaser.

Brings up an interesting question ....how can the agent find out ?

Do they get reports automatically when sales fo in their area?

 

[Sinbad]

I’m the purchaser.

Brings up an interesting question ....how can the agent find out ?

Do they get reports automatically when sales fo in their area?

Sales are public record.

 

[Dark Agent]

The best to do is ask seller to relist it direct and you just say you found the listing again. Agent cannot claim commission since the selling period is elapse and you had no knowledge until it was listed in the open market.

Also its the sellers problem and not buyer problem. Seller had contract with agent not you.

 

[Sinbad]

The best to do is ask seller to relist it direct and you just say you found the listing again. Agent cannot claim commission since the selling period is elapse and you had no knowledge until it was listed in the open market.

The mandate for our sale disagrees with you.

No idea if this is enforceable though

 

[Grubscrew]

If it does go to court, the court will have to decide if it was through the actions of the estate agent that the two parties were introduced. In this case it will be clear unless the buyer and seller wants to commit perjury. The contractual obligation is between the seller and the agent.

 

[deweyzeph]

Here's another scenario. What if one your neighbours is selling their place and you find out because you see the "For Sale" sign outside the house. But then instead of approaching the estate agent, you just approach the neighbour directly because you know them. Would the estate agent be entitled to the commission in that scenario?

 

[Sinbad]

Here's another scenario. What if one your neighbours is selling their place and you find out because you see the "For Sale" sign outside the house. But then instead of approaching the estate agent, you just approach the neighbour directly because you know them. Would the estate agent be entitled to the commission in that scenario?

Yes. Their sign introduced you

 

[krieg]

Is there still a mandate with the estate agent?

 

[ToxicBunny]

Is there still a mandate with the estate agent?

Unfortunately irrelevant.

The introduction happened via the Estate Agent and that was covered via the original mandate contract and will remain enforceable under that contract.

 

[krieg]

Unfortunately irrelevant.

The introduction happened via the Estate Agent and that was covered via the original mandate contract and will remain enforceable under that contract.

If that mandate has expired the estate agent has no recourse.

 

[Former member 61586]

Here's another scenario. What if one your neighbours is selling their place and you find out because you see the "For Sale" sign outside the house. But then instead of approaching the estate agent, you just approach the neighbour directly because you know them. Would the estate agent be entitled to the commission in that scenario?

yes. was agents for sale board

 

[ToxicBunny]

If that mandate has expired the estate agent has no recourse.

The courts may disagree on that front if the agent can prove they were the route of introduction.

 

[3WA]

Here is the wording in a sale contract that one of the large firms sent me. Clause 2.2. would imply to me that I could sell commission-free to a buyer that the agent introduced to me six months after the mandate expired.

 

[WollieVerstege]

Yes. Their sign introduced you

Only on the assumption the estate agent can prove that of course.

 

[rog163]

Why do you even care, you the purchaser, commission is paid by the seller- his problem

 

[krieg]

The courts may disagree on that front if the agent can prove they were the route of introduction.

Depends on the circumstances, I can cite a case from Pam Golding here in Cape Town that they lost which is similar to this thread. Secondly I don't know why anyone would just sign any contract put in front of them, that clause 2.2 in post #16 would never fly with me.

 

[ToxicBunny]

Depends on the circumstances, I can cite a case from Pam Golding here in Cape Town that they lost which is similar to this thread. Secondly I don't know why anyone would just sign any contract put in front of them, that clause 2.2 in post #16 would never fly with me.

Personally I am 100% in your court from my own point of view... I just know estate agents are sharks and will try everything to get their commission even if they aren't really entitled to it.