Estate agent commission

rog163 said:
Why do you even care, you the purchaser, commission is paid by the seller- his problem
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Not really the buyer effectively pays. I bought a property where the landlord listed it via an agent and privately. I went to the landlord directly offered my standard 10% discount plus another 8% discount since it was a private sale. And he accepted. He probably wouldn’t have accepted the 18% discount through an agent because the agent would of taken another 6% plus vat.
 
beefymoocow said:
Yes that’s true but the agent will have to prove that was the only source. If you and your neighbor frequently chat it will be hard for the agent to prove.
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You'll have to lie under oath. But imo it's not an issue. The agent sign introduced you to the sale but not to the neighbour which should be the criteria. It's about whether the sale would have taken place without it.

Not an expert here but imo the same with the OP. After a year the buyer can be regarded as an acquaintance so the agent shouldn't have any claim.
 
beefymoocow said:
Not really the buyer effectively pays. I bought a property where the landlord listed it via an agent and privately. I went to the landlord directly offered my standard 10% discount plus another 8% discount since it was a private sale. And he accepted. He probably wouldn’t have accepted the 18% discount through an agent because the agent would of taken another 6% plus vat.
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Buyer makes offer and tells seller his offer is based on not having to pay agent commission, it’s on seller to do his homework or to take the risk if agent comes knocking, hence not the buyers problem.
 
rog163 said:
Buyer makes offer and tells seller his offer is based on not having to pay agent commission, it’s on seller to do his homework or to take the risk if agent comes knocking, hence not the buyers problem.
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Again not really. If the buyer was advertising privately and multiple agents where also advertising the property. It’s more than likely the contract wasn’t a sole mandate. I never contacted the agent. Just saw their ads. The point I’m making is the buyers effectively pay for the commission. That’s why I’m soo stunned when buyers don’t ask what the commission the seller is paying when it is not a sole mandate.
 
tRoN said:
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?
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Was the property listed as a sole mandate?
 
beefymoocow said:
Again not really. If the buyer was advertising privately and multiple agents where also advertising the property. It’s more than likely the contract wasn’t a sole mandate. I never contacted the agent. Just saw their ads. The point I’m making is the buyers effectively pay for the commission. That’s why I’m soo stunned when buyers don’t ask what the commission the seller is paying when it is not a sole mandate.
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It's the agent who's ad you responded to that gets the commission. Doesn't matter that you didn't contact them.
 
beefymoocow said:
Again not really. If the buyer was advertising privately and multiple agents where also advertising the property. It’s more than likely the contract wasn’t a sole mandate. I never contacted the agent. Just saw their ads. The point I’m making is the buyers effectively pay for the commission. That’s why I’m soo stunned when buyers don’t ask what the commission the seller is paying when it is not a sole mandate.
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Ok, going by your theory that buyer is responsible for the commission, who pays the commission if seller accepts offer from buyer, then last minute seller decides to cancel the deal?

Yes I get seller will use money from sale to pay commission, but technically and legally it’s the sellers that pays the commission HE agreed upon and his responsible for it
 
rog163 said:
Ok, going by your theory that buyer is responsible for the commission, who pays the commission if seller accepts offer from buyer, then last minute seller decides to cancel the deal?

Yes I get seller will use money from sale to pay commission, but technically and legally it’s the sellers that pays the commission HE agreed upon and his responsible for it
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But how can an agent get commission if he didn’t introduce a buyer. I saw the agents ad never contacted the agent. Saw more agents ads from a different agencies for the same property. Carried on looking and saw the landlord ads. And contacted the landlord directly.

Does this mean all the agents he used deserves the same commission.
 
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beefymoocow said:
But how can an agent get commission if he didn’t introduce a buyer. I saw the agents ad never contacted the agent. Saw more agents ads from a different agencies for the same property. Carried on looking and saw the landlord ads. And contacted the landlord directly.

Does this mean all the agents he used deserves the same commission.
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Your example seems not to be sole mandate. ;)
 
supersunbird said:
Your example seems not to be sole mandate. ;)
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It’s not but rog163 is adamant the seller is entitled to pay commission. Even though I indicated multiple agents were involved earlier in my posts.

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rog163 said:
Ok, going by your theory that buyer is responsible for the commission, who pays the commission if seller accepts offer from buyer, then last minute seller decides to cancel the deal?

Yes I get seller will use money from sale to pay commission, but technically and legally it’s the sellers that pays the commission HE agreed upon and his responsible for it
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Depends on the OTP. On a recent purchase I had to scrap many clauses related to buyers responsibility for commission of the deal gets cancelled in various scenarios.
I removed them all as I had no negotiation in determining the commission.

The agency didn't dispute any of the deletions. I suppose they take their chances and if the buyer says nothing they are jointly on the hook with the seller should something go wrong.
 
tRoN said:
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?
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The contract is between the agent and the seller. The seller pays the commission, not the buyer. So not your problem.

In the contract there is usually a clause stating that if the agent introduced the buyer and seller, then they get commission. The contract would state if there's a time limit.
 
Barbarian Conan said:
The contract is between the agent and the seller. The seller pays the commission, not the buyer. So not your problem.

In the contract there is usually a clause stating that if the agent introduced the buyer and seller, then they get commission. The contract would state if there's a time limit.
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The background to the story is that when the home was listed the agent refused to take our offer as she felt it was too low and embarrassing.
The couple took it off the market for a year then called us to make an offer directly which we did but was even lower than the one we suggested to the agent and they accepted.

I know it’s not my problem but I’m just concerned about the seller who is in a now in a bit of financial stress due to COVID affecting his business
 
tRoN said:
The background to the story is that when the home was listed the agent refused to take our offer as she felt it was too low and embarrassing.
The couple took it off the market for a year then called us to make an offer directly which we did but was even lower than the one we suggested to the agent and they accepted.

I know it’s not my problem but I’m just concerned about the seller who is in a now in a bit of financial stress due to COVID affecting his business
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Give us a link. Maybe someone from this Forum will take it:). Is this the 5 mil house you were talking about.
 
tRoN said:
The background to the story is that when the home was listed the agent refused to take our offer as she felt it was too low and embarrassing.
The couple took it off the market for a year then called us to make an offer directly which we did but was even lower than the one we suggested to the agent and they accepted.

I know it’s not my problem but I’m just concerned about the seller who is in a now in a bit of financial stress due to COVID affecting his business
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Technically the agent is in the wrong, they can’t refuse to present an offer. You got any proof with regards to that? Then Should be covered I would think
 
rog163 said:
Technically the agent is in the wrong, they can’t refuse to present an offer. You got any proof with regards to that? Then Should be covered I would think
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No proof but there were 2 of them and my wife and kids were there during that discussion.

I feel agents are scum and are only in it for themselves and not even there for the seller
 
beefymoocow said:
But how can an agent get commission if he didn’t introduce a buyer. I saw the agents ad never contacted the agent. Saw more agents ads from a different agencies for the same property. Carried on looking and saw the landlord ads. And contacted the landlord directly.

Does this mean all the agents he used deserves the same commission.
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Different situation. Here you have the seller's ad introducing you to the sale so you would have been introduced regardless of if the agents advertised it or not. Your question can also be framed if you saw agent A, B and C's ad and contacted C why should A and B not get commission as well. Doesn't make logical sense.
 
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