January 27, 2016 at 17:24 #22317
Wondering what fellow agents think of this scenario and what they would do, If anything.
We had a property close to exchange, the buyer decided to pull out at the last minute. Nothing we could have done and the vendors are happy with us if any blame is to be proportioned it is to the solicitors, but thats by the by, not why i am here.
We re marketed the the property today, and already secured two viewings. We however had another agent who our vendors are buying from turn up for keys to do a viewing at the property. Obviously not happy with this i inform them that the vendor is in a sole agency contract.
Agent goes away, vendor calls told me to release keys, warn him he is liable for two fees, but he wants me to release as he is scarred he will lose his purchase.
All of this i accept is part the job.
BUT here is the kicker, the agent that has asked for these viewings is a member of the property ombudsman and the NAEA, despite knowing they are in a sole agency contract and liable for two fees they are proactively pushing the vendor to accept viewings. – I have tried to speak to the managing partner who has not returned calls or emails so have written a letter today and awaiting his response.
What would you do? Contact the NAEA, ombudsman? go to the trade magazines and expose the shoddy business practice? or just move on.
Be interested in other business owners thoughts.January 27, 2016 at 17:56 #22318
I would say it’s worth reporting to both NAEA and ombudsman but whether anything comes of it is another question.
i would probably write to both the vendor and their solicitor explaining the repercussions of what may happen if they in with a buyer from this agent too – good luck!January 28, 2016 at 07:37 #22349
Just had almost the same happen to me but in a more sneaky way. Sale fell through due to survey, we immediately had several other viewings lined up, vendor refused access saying he was going to do work to remedy problem and put back on in 6 months. Never gave official 28 day notice in writing but I accepted verbal direction and no point in marketing if access prohibited. 3 weeks later I saw a Sold board from the local corporate that they were previously buying from outside, despite it not being marketed on the portals or in the paper. It then appears on the market a few days later.
I’ve submitted my pro-forma invoice to the vendor but have yet to have a reply. I fully intend to pursue them for my full fee.January 28, 2016 at 07:56 #22351
I well understand you being peeved simonjfisher. Not good.
However, as an aside, are you really telling us that an agent sold a property without advertising it in portals or in papers? Extraordinary. According to some, it can’t be done!January 28, 2016 at 09:32 #22356
If your vendors are moving locally I would let it go.
If you chase them and win they will not tell friends that they broke the contract and were liable for two fees, they will tell them how bad you were (not for one second suggesting you are!)January 28, 2016 at 10:33 #22357
*** Update ***
Last night we received a full asking price offer from a proceedable buyer which the vendor was obviously delighted to accept.
However still wondering what to do with the agent, i cannot believe a NAEA agent that strongly advertises this fact and also a member of a redress scheme. That knows the vendor is in a sole agency contract and will be liable for two fees is proactively pushing viewings.January 28, 2016 at 16:54 #22391
Shows what a joke NAEA is.
Members putting homeowners in the position of probably court action!February 4, 2016 at 01:39 #22641
JJ – Sole agency does not guarantee you a fee, as a sole agency can go to multi-agency. What you need to do is change your contracts to ‘<span style=”text-decoration: underline;”>sole selling rights</span>’
Have a look at this link:
*then go to page s 18 – sole selling rights and when your fees become payable
** page 22
*** page 32
Be sure to get wording right and also make sure fees quoted are VAT inclusive (no plus VAT)
Good luck Trevor
The Independent Network of Estate Agents
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