Estate Agent Fees

[woodstock88]

Hi,

I have recently had an offer on a property from a private seller. They have come through an agent which we had a conversation with but never signed a contract with. What rights do we have to continue with the sale fee free if any, and what rights does the agent have to lay claim to a fee.

We first spoke with them 6 weeks ago but haven't heard anything from them, and as I mentioned before, we never signed a contract.

Any advice?


Thanks

[sandyRoe]

The agent seems to have been working on your behalf, contract or not. They might take legal action if the sale goes through.

[evil__sheep]

how did they "come through the agent" if the agent has not been marketing the property?

[buildersmate]

Presumably in the 1st line of your question you mean 'buyer' not 'seller' - you're selling, he's buying, right?
If that is so and you have had nothing more than an informal conversation with an estate agent to discuss acting on your behalf, then you are not contractually bound. But then the intriguing thing is how the prospective buyer has made contact with you. These agents are quite canny at this, and aren't renown for disclosing the identity of a prospective buyer that they may have identified until after you have signed up to a contract.
If one signs up to an agreement with an agent it is essential to disclose any prospective buyers whose purchase of the house is excluded from the agency agreement - this is most important when one changes agent and there is a prospective buyer already in the pipeline who is not proceeding, but who might come back later. Otherwise it is possible that one ends up with a legal obligation to pay both agents.

[flyciderman]

The agent would be foolish to try and claim a fee for the following reasons.
1) No contract.
2) No agreed fee.
3) They cannot market a property without an EPC.