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Can my estate agent claim their fee if I decide to sell to a new home developer and want a part exchange?

My estate agent has had the house for sale for 3 months. I then decided to buy a new build from a developer with a part exchange as the house is not selling through the estate agent. The estate agent then claims he is entitled to his fee under 'sole selling rights'. The new home developer wants to market the property under a new agent. I have not signed any unconditional contract with the developer while the original estate agent have sole selling rights.

Asked on Jul 10 2012, Selling in Huddersfield | Report content

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  • I have to say I am not sure. Sole selling rights means the agent gets their fee if you sell whilst you are marketing with them, within their contract period. If you don't have a copy of the contract, ask to see it. If you are unsure of anything, take a copy to the citizens advice bureau, they should be able to help. You obviously need to be 100% sure, so get the contract checked over. The estate agent didn’t sell your property, so it does seem unfair for them to claim their fee when you are going through part exchange, but there may be something in the contract which you will have signed at the beginning.

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    Answered on Jul 12 2012, Report content
  • Hi, regarding sole selling rights, if you sell your property as a part exchange while with an agent, then there could be a fee. If you have not had any interest with your agent while under the terms of business then after your terms ends you should not have to pay any fees. It all depends on what you have agreed with your agent. I believe the agent would need to prove they have provided the lead which converted to a sale in this case. I would recommend speaking with your agent to clarify the terms.

    Answered on Nov 15 2012, Report content

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