Private purchase of a property
Hi, I have a question regarding the purchasing of a property by going direct to the seller. We were in the process of purchasing a property that was with a sole agent. The transaction fell through and the seller pulled out of the deal. The seller subsequently took the property off the market for a 6 month period. We then approached the seller directly and asked if he would be still interested in selling the property and if so would he be willing to sell privately. The question I have is as follows :- Would the seller be in a position to legally sell directly to a purchaser that had previously come through a sole agent and if so what is the period that the seller would have to keep the property off the market before he could be in a position to sell privately? Many thanks in advance!
Asked on Apr 11 2011, Selling in London | Report content
Answers (3)
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The sole Agency the owner signed will have to be looked at to determine what was in the contract. As the agency did not only source you the property but effectively put the sale in hand as well they could argue they were the effective selling agent and so invoice a fee to the seller. You would have get a copy of there contract they had with the seller and get your solicitor to read through this to make sure what you are doing the seller is not liable for a chargeable fee.
Answered on Apr 12 2011, Report content -
Yes this is a good answer - I would argue that the agent introduced you as the purchaser. I'd be very careful about keeping dates of emails / letters sent between you from now on, so at least you could prove you were acting outside any time frames that might be set out in their agreement...
Answered on Jul 28 2011, Report content
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