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Mother-in-law - Private house sale

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Old 11 March 2006, 08:27 PM
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JPL
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Default Mother-in-law - Private house sale

Sorry if you thought you were getting an in-law joke!

Right, SNetters, please do me proud...

Mother-in-law has had house for sale for 2 weeks thru agency (they have been ****!). Now she gets a private buyer who wants to buy the house off her.

All legit, and really good news for her... but, what about the estate agent?

Private buyer is not listed with any agent
M-in-law has signed the usual "8 weeks sole agency" crap

Can she just tell the agent the house is sold?
Does the agent have a right to claim a percentage?

Only ever sold houses thru agents so not sure how it works, really appreciate any replies.

Cheers in advance.
John
Old 11 March 2006, 08:32 PM
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darren...
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She can always withdraw the house from the agency - they will probably find out that it's being sold but providing the purchaser isn't registered with them then they can't really do much about it.

HTH
Old 11 March 2006, 08:36 PM
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JPL
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Originally Posted by darren...
She can always withdraw the house from the agency - they will probably find out that it's being sold but providing the purchaser isn't registered with them then they can't really do much about it.

HTH
Cheers, just what I wanted to hear, have a stella on me!!
Old 11 March 2006, 08:45 PM
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pslewis
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Blow the agent out ... it's a private treaty sale

Pete
Old 11 March 2006, 08:56 PM
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C_B_B
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Originally Posted by pslewis
Blow the agent out ... it's a private treaty sale

Pete

Pete, "private treaty" just means being open market as opposed to being offered for sale in a different environment such as an auction.

John, if she has only signed a sole agency agreement she should be fine. If she has signed a contract that specifies sole selling rights she'lll still have to pay the fee.

Expect the agent to quiz her about how the buyer found out about the property being on the market, if they have a for sale board outside they may well still go for the fee even if it is just a sole agency agreement.

Old 11 March 2006, 08:58 PM
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SD
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Agreed. Even if she doesn't blow out the agency before hand, as long as it's only a sole agency contract she can do what she likes. It's only a 'sole sale' contract (can't remember the exact name) where she needs to worry.

Simon
Old 11 March 2006, 09:18 PM
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JPL
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Pete Lewis has replied to one of my posts

No for sale sign up yet, (after 2 weeks!) Lazy bar stewards!! So I guess she can just argue with them and tell them to **** off?

John
Old 11 March 2006, 09:38 PM
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C_B_B
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Originally Posted by JPL
Pete Lewis has replied to one of my posts

No for sale sign up yet, (after 2 weeks!) Lazy bar stewards!! So I guess she can just argue with them and tell them to **** off?

John

I would say so, unless as i have already said it's a "sole selling rights" contract she's signed. These are used in some parts of the country.

If it's a sole agency agreement she's signed and the agent has done no marketing that would identify the property to her private buyer she'll be fine.
Old 11 March 2006, 09:48 PM
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JPL
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Originally Posted by C_B_B
I would say so, unless as i have already said it's a "sole selling rights" contract she's signed. These are used in some parts of the country.

If it's a sole agency agreement she's signed and the agent has done no marketing that would identify the property to her private buyer she'll be fine.
Cheers CCB
Will have a chat to her tomorrow about it.

John
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