Previous agent has popped up again!

[Mike Mitchell]

There I was, having an afternoon kip, when the phone rang. Good afternoon, Mr Mitchell, it's xx here from [name of previous estate agent which I replaced on 9th September]. We have a viewer who'd like to come and see your....

At which point I interrupted to point out that a new sole agent has been handling the property for a couple of weeks now. The lady from the previous agent then realised this and said that her interested party had received the details earlier but had been "sitting on them". I told her that the property is now with [name of current agent] and she apologised for the mix-up and said she'd go away and check the situation, as she didn't want to tread on anyone's toes.

So what is the scenario here? I know that a lead which results in an eventual sale sends the commission to the agent in question, even if that agent is longer acting as the vendor's agent, but this is two weeks (on Thursday) since I showed the previous agent the door.

MM

[Michael Mcneil]

Just give her the finger and tell her to sit on that. If the pillock is still interested, they will see the new agent's ad.

I just got a bill from BT despite having moved to another telephone company. They can screw themselves. Must have been some sort of amnesia bug going the rounds lately.

[MBQ]

The first agent passed out the details and introduced the buyer to you so if you sell to that buyer, the first agent is due the commission. Read the original contract carefully. Otherwise everyone would appoint an agent, find a buyer, cancel the agency and then sell to that buuyer a few weeks later saying yaaboo sucks to the agent. It doesn't work like that.

The second agent doesn't have a claim unless you signed away sole selling rights rather than sole agency (very unusual). If the new buyer now approaches you through the current agent then it's up to the agents to sort it out between themselves. If the second agent is reputable he will realise the situation and back out as far as that buyer is concerned.

Either way you can sell to whoever you like, you only pay one commission. Don't let something like this lose you a buyer.

MBQ

[Paul Mc Cann]

I would tell the current agent. You may find they are happy to split the fee if the property is sold to this party

[chris French]

In message , Michael Mcneil writes

Ahh, yes, telling a potential buyer that you aren't interested in their business is great way to sell a house.........

[raden]

In message , Michael Mcneil writes

You're lucky - they decided to take my line back from my provider in June without any instruction from me

Nobody seems to be able to tell me how or why this has happened

... and my attitude is the same as yours, I wonder how far £120 of pennies would fit in the correct orifice?

[Richard Faulkner]

In message , MBQ writes

With respect, the OP should take your post with a bit of a pinch of salt.

The 1st agent is no longer instructed or acting, and the second agent will probably have at least a sole agency agreement, so they get their fee if it is sold through the introduction of an agent.

He must therefore be careful that he does not accept an introduction from the first agent - which I dont think he has.

[Richard Faulkner]

In message , Mike Mitchell writes

This could have been a completely innocent mistake, and you will hear no more of it.

Or it could be one of those clever estate agency tricks, where they try and get you so excited that you accept the introduction, and others which they might make.

AFAIK, you will probably have agreed a sole agency with the new agent, and you will have dismissed the previous agent in accordance with their terms.

Thus the 1st agent has no rights, (unless you renew them), other than their right to a fee if you exchange contracts with someone who they introduced during the course of their agency - you need to check the 1st agents terms for the specifics of their terms.

This is a bit of a grey area, but the chances are that the potential viewer wont buy, even if they see it through the current agent - if they do, and start to make noises about buying, you may need to think about things.

What happened to the people who you thought were going to offer?

[Mike Mitchell]

Indeed I have not. In fact, I made it clear to the previous agent in no uncertain terms that they should get their act together! Only after I had pointed out to the lady who called that the previous agent was dumped on 9th September did she look at the computer to find "a note" that confirmed this.

By the way, Connells *are* finding new viewers and there is one party who have more or less said they will make an offer as soon as they in turn get an offer for their property. Okay, talk is cheap, but it's the best reason for optimism so far.

However, in the meantime there have been several quite official sounding (and ominous) reports coming out in the press that indicate that the housing market is heading for the cellar pronto. Only this morning, Today reported how people with mortgages are having to draw their horns in, cutting holidays and luxury goods, just because of the interest rate rises, so that is an indication of just how close to the wind many are sailing with their personal finances.

MM

[Mike Mitchell]

Indeed I have not! (Is there an echo in here somewhere...?)

Tricks? Clever? Shurely shome mishtake, Miss Moneypenny! Estate agencies are highly intelligent and efficient organisations with degrees in self-confidence, practical problem solving and public relations. Cleverdicks need not apply. (So that lets me out, then!)

!00% accurate.

Well, the only grey area is that the lady who phoned said that the prospect had received the details but had been "sitting on them". But I think it was c*ck-up, not conspiracy. If I were the previous agent, I would simply say, let's help out the vendor and the new prospect here by telling the latter who the new agent is, and leave it at that. However, I have not heard from the new agent about this specific prospect, not have I heard any more from the previous agent.

It has gone quiet, but they did intimate that an offer would be forthcoming only if and when they had an offer for their property. Their property (two streets away!) is still on the market as of RightMove yesterday, so I assume they are moving heaven and earth to secure a sale. Their property is a lot cheaper, as it is a maisonette-style property and will really appeal to first-time buyers. But in the current market climate I don't think ANYone is buying ANYthing right at this moment. At least, I see practically NO movement whatsoever on my RightMove shortlist, which goes for *days* without a single property being marked as SSTC. Eighteen months ago, the shortlist was changing regularly as I added a property to it, only to see it sold within days. This is just not happening now. My shortlist contains properties that have been on it since January.

MM