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Private Sale - estate agents now claiming a commission

I was contacted via the land registry recently with a speculative offer to buy my house. It was not on the market at the time but we agreed a price. 2 years earlier, my house had been on the market with an agent but quickly removed as it upset tenants. It appears my buyer had been given the draft details and she contacted me speculatively to see whether I would be open to selling. She had never viewed the house so I made arrangements for her to do so and we negotiated a price. The surveyor went to collect keys and informed the EA of the buyers name and agreed price. The EA are now pursuing me for the 1.5% commission. Surely they are not entitled to as over 2 years has passed since it was on the market. I have asked for signed copies of the terms and the draft details as I don't think I signed either as I think I was only on the market 3-4 weeks. Grateful for any insights.

Asked on Nov 14 2013, General in Stroud | Report content

Answers (4)

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  • If you marketed your property with an agent registered with The Property Ombudsman Scheme (TPO), you may (I stress 'may') be liable. Anyone introduced by a TPO agent has an on-going 2 year potential to be able to charge you a fee if they introduced the buyer in the case of private sales or, a six month liability had you simply changed agents - Here is a link to the TPO rules PDF or, you can navigate to them from their home page: You may also be interested in my blog, 'when is a private buyer, not a private buyer': Regards Chris Wood PDQ Estates Ltd

    Web reference:

    Answered on Nov 15 2013, Report content
  • Thank you. The company in question is a member of the PO. I have used them to manage my rentals since it was on the market with them. Is the 2 year stipulation the date of exchange/completion or is it earlier. What if there are no letter of disinstruction from them setting out outstanding liabilities and no fixed term within the contract. Would that make a difference ?

    Answered on Nov 15 2013, Report content
  • Best to contact the TPO directly for specific queries Tel: 01722 333306

    Web reference:

    Answered on Nov 15 2013, Report content
  • You need to have a copy of their original terms of business. (at the time) Normally their restrictive period would be published there.

    Answered on Dec 6 2013, Report content

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