Scrapping EA to sell privately?

Twinkle123

Hi Guys,

Posting on behalf of a friend who currently has her house up for sale with an EA who she is finding rather useless.

She has been approached by an interested party directly (they just knocked on her door) about selling the property privately.

Can anyone advise if there would be any repercussions if she was to scrap the EA and sell privately?

Thanks in advance

Little Miss Cutie

I will admit I am no expert on this, but surely the EA would still be entitled to the commission as the buyer would not have known the property was for sale unless the EA had advertised it?

I have looked at number of properties being sold directly by vendors and in all cases I could see the benefit of an agent. It removes a lot of emotion from the process and assist as a go between when issues need to be resolved.

MouseTail

As the vendor is still in contract, she will still be liable for EA commission.

TheDriver

I concur with the above. She would have to formally withdraw from EA before any more dealings however if the EA afterwards finds that this private client got initially interested via their merchandising, then they may have reason for action

amdublin

Hmm I understand why the seller might want to go privately i.e. save on estate agent fee.

But why would some randomer not want to go through EA???

Personally I'd be a bit suspicious.

spockety

Maybe the randomer who wants to buy the house is also finding the EA completely useless. This would be a very common situation for buyers..

Aint Eazy Being Cheezy

amdublin wrote: »

Hmm I understand why the seller might want to go privately i.e. save on estate agent fee.

But why would some randomer not want to go through EA???

Personally I'd be a bit suspicious.

Same reason, and to use it as a bargaining tool. Offer full asking directly to the seller, instead of the offer less EA's commission.

the_syco

Would the OP's mate not have to prove that the sale wasn't due to the EA (advertisement, etc)?

P. Breathnach

spockety wrote: »

Maybe the randomer who wants to buy the house is also finding the EA completely useless. This would be a very common situation for buyers..

To be fair, some buyers seem to think EAs are useless simply on the basis that their offers are not accepted. I have sold properties in recent years, and am currently in the market as a potential purchaser. Most of the EAs that I have been dealing with have behaved very professionally - only one real lapse that I can recall, and it was in relation to a property that we do not regret missing out on.

From time to time we see suggestions here that buyers should approach sellers directly. I think that I have opposed such advice.

OP, your friend has a contractual relationship with the EA, and if she sells the property herself the EA probably could sue her for fees. I suggest that she contacts the EA, say that she has found a buyer herself, and try to negotiate a reduced fee sufficient to cover the EA's costs and yield a little profit.

Eldarion

the_syco wrote: »

Would the OP's mate not have to prove that the sale wasn't due to the EA (advertisement, etc)?

Yes. And it's a very difficult point to prove. Past rulings nearly always side with the EA in cases such as these if they have had the property advertised for a significant period of time. Even the sign up outside the house is enough.

TheDriver

and to be fair, they probably have looked at the ad, photos on daft etc etc.