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Are we required to pay two sets of estate agents' commission??

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Ramblingrose22 Sat 16-Jan-21 12:00:04

We are selling a property. We appointed an estate agent as the sole agent. After weeks with no buyers making an offer we decided to instruct a second estate agent. The first one was informed about this and said the agreement we signed did not need to be changed.

The first one recently told us of an offer made by a buyer whom they named. We turned their buyer's offer down as it was very low. Then the second one came up with a better offer which we accepted. The name they gave us for their buyer was different to the name of the buyer named by the first estate agent.

The first estate agent says we still have to pay them commission because their buyer is married to the second agent's buyer and because the agreement with them refers to a ready, willing and able buyer. When we accepted the better offer we had no way of knowing that the two buyers were connected as they had a very common surname.

Has anyone else been told they had to pay two sets of fees to estate agents and how was it resolved?

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Shandy57 Sat 16-Jan-21 12:02:27

I was with one agent, and changed to another, I received a list of names of viewers the first agent had introduced.

I asked the new agent what would happen if someone came back from agent 1, and she said normally there is a 'gentleman's agreement' to split the commission between them.

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Peasblossom Sat 16-Jan-21 12:09:53

You will be bound by the terms of the contract. You may have to pay two sets of fees. We had to once when we changed agents, but the eventual buyer was one that the original agents had introduced.

Check the contract, I’m afraid.

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Franbern Sun 17-Jan-21 10:22:04

Sole Agency is usually at a lower charge than any other arrangement, and is usually for a set period (eg: three months). If your house sold within that three months, then it is likely that the original sole agent could ask for fees to be paid. You need to read your contract with them carefully, - and maybe ask your solicitors advice.

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