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Can I accept an offer from a viewer from my former agent?

I instructed a new agent to sell my property after my former one was not doing enough about marketing it. My present agent is aware that my property was being marketed by another agent previously. After my notice period of termination, my former agent contacted me , stating that a previous viewer that was introduced by them, has now decided to put an offer on my property. Can i accept the offer?

Asked on Aug 19 2014, Selling in London | Report content

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  • That all depends on the terms of your agreement with the existing agent. But assuming you are in a sole agency agreement it would normally state that you are not permitted to accept an 'introduction' by an alternative agent. It's open to interpretation however it would seem that the viewing has already served as the introduction and so you should be free to accept the offer. In Foxton vs Bicknell (2008) it was held that the agent that does the work to necessitate a 'purchase' by way of offer negotiation and lawyer letters being provided etc, earns the fee. All subject to the wording in your existing agreement though

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    Answered on Aug 20 2014, Report content
  • Hi, It will depend on the agreement you have with your current agent, if you are on a sole agency contract it will stipulate that the agent you are with are the only people that can sell the home on your behalf so anyone wishing to view must go through them. The former agent will have introduced the buyer therefore you may become liable for 2 fees. We would advise you speak to your current agent. We hope this helps.

    Answered on Sep 10 2014, Report content

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