Estate Agent Demanding Fees After Sale Through Another Agent

Transform_IT

Transform_IT

Transform_IT

Associate
Joined
18 Oct 2012
Posts
474
Hi everyone,

I’m looking for advice on a tricky situation involving an estate agent claiming fees for a sale that completed over a year ago.

Here’s the timeline:

  • In March 2023, we first listed our house with an agent but withdrew it from the market after failing to find a property we liked.
  • In July 2023, we relisted with the same agent, secured a buyer in August 2023, but the house we were purchasing fell through, so we withdrew again. The buyer also lost their sale.
  • In November 2023, we relisted the property with a different agent. The original buyers (who were introduced by the first agent) viewed the house via the new agent and made a revised offer, which we accepted.
  • We completed the sale in February 2024 through the new agent.
Fast forward to January 2025, and the original agent has phoned me, claiming they checked the Land Registry and noticed that the buyers were originally introduced by them. They’re now demanding over £5,000 + VAT in fees.

To complicate matters, the original agent has been struck off as a director for money laundering and misuse of COVID support loans. While they still operate the business in the background, their professional conduct is questionable.

Unfortunately, I no longer have a copy of the original contract as it was electronic and accessed via an app I no longer use.

My questions are:

  1. Can the first agent claim fees when the sale was completed through a different agent several months after their involvement ended?
  2. Does their professional misconduct (being struck off as a director) impact their ability to enforce such claims?
  3. Without a copy of the original contract, how do I handle this claim?
Any advice or similar experiences would be greatly appreciated. Thanks so much!
 
From the terms and conditions I found:

FEE ENTITLEMENT
The commission fee will be earned by us if we introduce, directly or indirectly a person who contracts to purchase the property during
the period of contract. We have a specific entitlement to a fee if: The property is sold to a family member; One of the owners buys
another owners share (e.g. as part of a separation agreement); The property is sold to a Property Developer; The property is part
exchanged; The property is sold at auction or is repossessed; if the seller withdraws for any reason after contracts are exchanged.

We will have a commission fee entitlement if you terminate our agreement and then sell your property to a buyer introduced by us within
six months of the date our agreement ends.
 
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jaybee said:
"We will have a commission fee entitlement if you terminate our agreement and then sell your property to a buyer introduced by us within
six months of the date our agreement ends."

It reads to me that unless you terminated your agreement with the original agent at least 6 months before your completion date in February 2024, you will be liable for their fees. Given that you were still dealing with them in August 2023 as you state, it seems this will be very close to 6 months. We would need exact dates I think.
Click to expand...
15th August 23 - withdrawn from market with agent 1.

27th November 23 - agreed sale with buyer via agent 2.

18th January 24 - sale falls through due to complications with our onward purchase and our buyers buyer.

24th January 24 - sale re-agreed with original buyers and back on track.

15th March 24 - completed sale and agent 2 paid.
 
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So, my understanding without having access to my contract (as it was electronic and once signed I didn't get a copy), is our agreement ended when I withdrew the property. However, if i was then to sell to a buyer they introduced within the next 6 months, i would be liable to a fee.

As exchange and completion happened 7 months after we withdrew from them, my understanding is that is when we sold the housez and therefore it is outside of this timeframe.
 
Maccy said:
@Transform_IT I'd get legal advice on this, but did you sign a new contract in July 2023 when you relisted? If you agreed a sale in the November, that's on the 6 month limit so exact dates here are important to know. But I suspect as others have said, they're chancing it.
Click to expand...
No new contract signed. Just an email to ask if we can re-market and then it was done.
 
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