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House for sale with estate agent, but viewer contacts direct

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  • 07-02-2012 10:02pm
    #1
    gigino
    Closed Accounts Posts: 2,350 ✭✭✭


    A close friend has his house for sale with an estate agent for quite some time, without any offers. Out of the blue, a potential customer has contacted him saying they would like to view the house without going through the estate agent / their intentions being know to the estate agent. He claims to know the estate agent, although he (the potential purchaser) is not from the area.

    I told my friend he should direct him through the estate agent...even if that may put off the potential purchaser / means he views somewhere else instead. The estate agent will want his cut anyway if a sale eventually goes through. Anyone come across this problem before?


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    #2
    Victor
    Registered Users Posts: 78,400 ✭✭✭✭Victor


    I would feel uncomfortable with such an approach.

    There are various options

    1. They are trying to cut out the estate agent.
    2. They have a bad reputation for whatever reason.
    3. They are casing the property so they can later burgle it.

    Or maybe:
    4. The estate agent has a bad reputation.
    5. The estate agent is testing you, but that would be a bit paranoid.


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    #3
    amdublin
    Registered Users Posts: 20,653 ✭✭✭✭amdublin


    A contract has been signed with the estate agent so your friend has an obligation to diect the viewer to the agent for all enquiries.


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    #4
    NWPat
    Closed Accounts Posts: 240 ✭✭NWPat


    amdublin wrote: »
    A contract has been signed with the estate agent so your friend has an obligation to diect the viewer to the agent for all enquiries.

    Rubbish! You have no idea whats in the contract and I doubt very much that it covers the OP's situation. I had my house for sale through an estate agent, but ended up selling it myself. The estate agent can only claim a fee for selling the house. No one can claim a fee for doing nothing.


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    #5
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    If the estate agent introduces a buyer he can claim a fee. An introduction can be effected by the buyer simply seeing his sign or his website.
    In my experience individuals who try to bypass the estate agent are messers who will try and screw everyone around. If they have direct communication with the owner they will try all kinds of tricks to reduce the price and prolong the process.


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    #6
    amdublin
    Registered Users Posts: 20,653 ✭✭✭✭amdublin


    NWPat wrote: »
    amdublin wrote: »
    A contract has been signed with the estate agent so your friend has an obligation to diect the viewer to the agent for all enquiries.

    Rubbish! You have no idea whats in the contract and I doubt very much that it covers the OP's situation. I had my house for sale through an estate agent, but ended up selling it myself. The estate agent can only claim a fee for selling the house. No one can claim a fee for doing nothing.

    Standard estate agent Terms in a standard ea contract. Go have a look at yours.

    I didn't mention anything about the fee etc??


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    #7
    NWPat
    Closed Accounts Posts: 240 ✭✭NWPat


    Yep, more rubbish, having found said contract, says nothing whatsoever about directing private enquiries to auctioneer. In my experience its auctioneers who are the messers and spent many years screwing all around, its not surprising they are one of the least trusted proffessions.


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    #8
    Gareth2011
    Closed Accounts Posts: 579 ✭✭✭Gareth2011


    NWPat wrote: »
    Yep, more rubbish, having found said contract, says nothing whatsoever about directing private enquiries to auctioneer. In my experience its auctioneers who are the messers and spent many years screwing all around, its not surprising they are one of the least trusted proffessions.

    When we bought our house it was advertised with 2 agents that we knew off. One of them was a well known agency and the other was a local estate agent in the next town. We called the well known agency first (mobile) and spoke to the woman who was the agent. She told us she was having her dinner and could we call her back in an hour. Needless to say she lost the sale, we went with the other guy from next town. Stup*d bitch for not stopping eating for 2 mins then meet us later that day. With an attitude like that glad we didn't go through her.


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    #9
    amdublin
    Registered Users Posts: 20,653 ✭✭✭✭amdublin


    NWPat wrote: »
    Yep, more rubbish, having found said contract, says nothing whatsoever about directing private enquiries to auctioneer. In my experience its auctioneers who are the messers and spent many years screwing all around, its not surprising they are one of the least trusted proffessions.

    Apologies! I have reread my post and it could be open to interpretation.

    What I meant was that the op had signed a contract with an estate agent that they (the ea) would be the sole vendor of the house.
    Therefore IMO the op had an obligation to direct the enquiry to the ea.

    So when I referred you to your contact I was not saying there will be a condition in it relating to this specific situation that the op has raised, but that the contract means the ea is selling the house, not you.


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    #10
    wexford12
    Registered Users Posts: 451 ✭✭wexford12


    For my two cents worth . You can show your house to who ever you like its your house, but if its sold to this buyer your estate agent will want his % rate that he quoted. If you don't pay him I'd be sure you would be brought to a smalls claim court.

    Or you could take it off his books and then sell it but chances are this buyer wont buy your house then you have no agent


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    #11
    whiteandlight
    Closed Accounts Posts: 2,359 ✭✭✭whiteandlight


    Could be that your estate agents rubbish. Wanted to view a house a few months ago with oh, engaged to be married looking for last rental while we saved and both in well paid jobs. Rang up estate agent. Took three messages on three different days to get a reply call. Set up a time for two days later to view place. EA rings back next day saying you know where it is? It's very far from xxx etc etc (we knew-I mean the map is on daft for gods sake!). Agree again to meet EA out there the next day.
    Drive out (half an hour) to the place. We're 10 mins early. I fall utterly in love with the area despite the distance away. EA never showed up and wouldnt answer our calls?!? A neighbour passed who happened to have a key for the place as he knew the owner who was in south Africa. Went inside and again I totally fell for it (h2b less so on fairness lol-he's more practical) . Wandered for 20 mins discussing pros and cons but eventually decided against, one of the primary factors being dealing with a flaky EA when the owner was so far away.

    Could not understand it? It wasn't the only stand up we had and no neither places were rented as we watched them on daft for a month after we moved into the new place. Told the story to the friend and recommended that the owner change EA!


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