estate agents' entitlements

geordief

If an estate agent has put your property on his books are there any obstacles to simply asking him to taking it off at any stage?

Provided no contract has been signed (and no potential purchasers have been identified) is one liable to any claim for compensation for expenses incurred by the estate agent?

Reloc8

Yes you are almost certainly liable for his/her outlay, unless you reached an explicit, remarkable and very beneficial agreement (to you) with him or her that they would spend money marketing your house and you would not have to repay them.

That's not a claim for compensation on their part by the way. The agent would also have to demonstrate that they in fact did incur any expenses claimed.

Whether you can take the house off his/her books without any further charge depends on the specific agreement you reached with the agency. Its not unusual to enter into an selling arrangement where the agent is paid on the house being sold, but is entitled to a smaller payment if you take your business elsewhere without it being sold. There are also exclusive selling arrangements where if someone else sells the house during the period of the agreement the first agent is still entitled to a fee - read the small print on any agreement.

I know you said no contract was signed. That may not matter if one was exchanged and both parties agreed to be bound by it or if an oral agreement was concluded in terms similar to the above.

average_runner

When we were selling our house, all the estate agents told us the up front fee was 350 to cover their advertisement costs.

After that you can leave up for sale as long as you like.

So once you paid the cost for advertisement you can take it off the market whenever you like.

geordief

Reloc8 wrote: »

I know you said no contract was signed. That may not matter if one was exchanged and both parties agreed to be bound by it or if an oral agreement was concluded in terms similar to the above.

Is business run differently outside the capital?

No contract was ever mentioned or shown.Money or commission was never mentioned (apart from the selling price) .

Is the owner of the property presumed to know how the estate agent charges his customers (I am guessing that it varies from one customer to another and may in fact be free in certain circumstances)?

Kosseegan

geordief wrote: »

Is business run differently outside the capital?

No contract was ever mentioned or shown.Money or commission was never mentioned (apart from the selling price) .

Is the owner of the property presumed to know how the estate agent charges his customers (I am guessing that it varies from one customer to another and may in fact be free in certain circumstances)?

There is a general presumption that when anyone in business is asked to do work, that legal realtions were intended. If no charge is agreed it is implied that a reasonable cahrge or fee is due.

nuac

Usual to have an agreement beforehand on these matters

Reloc8

geordief wrote: »

Is business run differently outside the capital?

No.

Procrastastudy

Drove past a place on my way to failing my driving test in Rathgar today with a no sale no fee sign... just thought I'd mention... and whine...

Milk & Honey

GCDLawstudent wrote: »

Drove past a place on my way to failing my driving test in Rathgar today with a no sale no fee sign... just thought I'd mention... and whine...

A lot of estate agents offer such a deal. It is almost always subject to the customer agreeing a marketing budget which the customer will be liable for in any case.

nuac

afaik most auctioneeers get no fee if there is no sale