Double Commission

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Double Commission

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Millie

Posts: 1
Joined: 5/7/2007

Double Commission

I am hoping you can help me.

We are purchasing a house that we viewed back in March 07. We put in a conditional offer which was rejected. We found another property and this sale fell through after about 6 weeks. Meanwhile, the house we originally looked at changed agents and reduced in price. Our buyers were putting pressure on us to find another property, so we viewed many houses through many agents. The new agent of the original house showed us the property, and we advised we had viewed it through another agent in the past and had our doubts re size etc. A few weeks passed and we realised it was worth another look. I called the agent, arranged the viewing and we offered the following day. 7 weeks into the sale/purchase, it has come to light that the seller needs to pay 2 lots of commision (£3000 each) to both agents.

I know we were 'introduced' to the property some time ago at a different price, but the second agent has done all the work in sorting the chain, liaising with solicitors etc.

Both agents have spoken and are not prepared to go 50:50 as they both feel the fee is theirs.

Does our seller have to pay both fees? And how is it possible for them to avoid this? The seller is trying to pass some of this cost onto us and we would prefer to avoid this.

Can anyone help?????

Thanks
Millie

Report Abuse | Date 5/7/2007 9:19:26 PM

Admin

Posts: 50

From: London, England

RE: Double Commission (in reply to Millie)

It's all going to depend on the contract that the seller signed and whether any period of sole agency for the original agent existed, or had expired. Without seeing the contract, it's difficult to make much more comment, other than to say that situations certainly exist where commission is required to be paid to one agent, even though they haven't successfully sold the property. Normally, that commission should be paid by the vendor though, as it was their decision to remarket with another agent. They don't have any legal footing to pass the cost on to you, but then again, they aren't compelled at this stage to go through with the sale...

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Report Abuse | Date 6/7/2007 1:44:29 PM