Who gets commission when property moves estate agents?

Discussion in 'Legal & Regulatory' started by Scoodle, Feb 5, 2019.

  1. Scoodle

    Scoodle New Member

    Hello all.

    We have been trying to buy a house and were shown around by the original estate agent who had also tried to negotiate a mid-way price between what the sellers were looking for and we believed its true value to be. Just as we were about to put in our first offer, the seller moved it to another estate agent.

    The agent we had been dealing with made it clear to both us and the seller that they should handle any subsequent offers and negotiations if it involved us as he had been the one to introduce us and had been very involved at trying to find a compromise purchase price for both parties, and we were ok with this.

    When we came to make our first offer - roughly 3 weeks after it had changed agents - we asked the new agent to confirm who we should be dealing with. When they replied "Us - we have sole rights now", I asked them to contact the original agent to confirm and agree this as we understood they obviously felt differently. He refused, insisting it wasn't necessary. A few days later I asked again, more insistent this time. The 'negotiator' said he'd check with his manager and call me back. This he did (well, he called me back anyway...) maintaining the same line - "confirmed - it's all ours, we don't need to involve the old agent and offers should be placed via us".

    Before we go any further, can anyone clarify, please?

    Thank you.
  2. Longterminvestor

    Longterminvestor Active Member

    I think you need to speak with the seller - it is not your problem. I would assume the original estate agent is entitled to any commission if they introduced you. However, it would appear the new agent is trying to muscle in. Let the seller direct you and they can take any flak.
  3. Scoodle

    Scoodle New Member

    Thanks for your reply, LTI.
  4. FWL

    FWL Member

    I would be interested to learn how you got on @Scoodle as I can imagine this market is very very competitive!
  5. Jules1970

    Jules1970 New Member


    What a pickle you are in and frustrating especially if you like the house!

    How long had the agent been with the seller? The seller can change their agent depending on the agreement signed. Usually an agreement is 3 months. The seller can change their agent if they want.

    But if you are still interested in the property you can put a offer in but it will be with the new agent. If in the previous agent signed agreement it states that if a buyer is introduced by the previous agent they are entitled to a fee. Again it depends on the agreement.

    Unfortunately like someone else said it is the sellers problem. If they accept your offer they may have to pay a double or more fees.

    Don't let it put you off putting in the offer! As it appears the house may had been on the market for a few months for them to change agents.

    Kind regards

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