Exclusivity with Estate Agent

[Tia]

Hi

I signed a contract with an estate agent over 12 months ago now giving them exclusivity, however we have now been approached directly by someone who wants to put an offer in and despite me telling them to go through the estate agent they insist they would prefer to deal direct. They didnt view the house with the estate agents so will I be ok to deal with them direct or will I be breaking any laws.

I would prefer them to go through estate agent but dont want to lose a chance of a sale after a year on the market. If I can deal with them direct how do I go about taking of the market with the estate agent 

Any advice is appreciated

Thanks

 

[idun]

Have you read your contract, it should state how long you are contracted to them.

[Tia]

I have dug my contract out but I dont read french unfortunately (and yes I know I should never sign anything I dont understand but naively I did)

[andyh4]

Then I suggest you contact the agent.  Tell them that you are not happy that they have not found a client in 12 months.  Tell them you want to terminate the exclusivity contract.

 

Then confirm everything in writing to the agent, sent recorded delivery - avec accuse de reception.

 

Only then start to do anything with your buyer.

 

[Tia]

Thanks for advice I have written them a letter today and hope to change contract to Mandat simple which I believe to be better for us

 

[idun]

No, I wouldn't do that if you have a buyer. Cancel the contract, you can go back to them if this sale falls through cannot you.

[suein56]

[quote user="Tia"]Thanks for advice I have written them a letter today and hope to change contract to Mandat simple which I believe to be better for us [/quote]

No as Idun says you should cancel the old contract and not replace it with any other contract ... or else your 'buyer' will have to pay fees to the estate agent at 5% or 6% or 7% depending on the value of your house and I'm sure he doesn't want to do that ! The notaire can handle all the details of the sale - just like they used to before estate agents popped up in France circa 20/25 years ago !

Sue

[idun]

Suein56 there have been agence immobilier in France for a long time now, they had them in 81 when we moved and they didn't look brand spanking new then.

[Tia]

I am just concerned the buyer may back out and then where does that leave me we have had so many offers and then people back out last minute.

Would the buyer still have to pay the estate a percentage even if they had nothing to do with them and dealt with me direct. I read up on a Mandat simple and thought it allows you to sell privately but as long the buyer isnt a client of theirs you should be ok. Is this not right ?

I havent signed a new contract yet

 

 

[Benjamin]

I'm surprised none of the "pros" have been on to help.

We sold under a non-exclusive contract but as long as your exclusive contract doesn't tie you in until a date sometime beyond today, then simply start the  process with your buyer. If it runs it''s course and leads to a sale then simply tell the agent you've sold.

If your private buyer walks away then just carry on as you are. No need to tell the agent what's happening.

The disquieting aspect here is why so many buyers have walked away before signing. Something wrong with the property or something wrong with the agent?

Incidentially, if you are successful with a private sale expect a lot of huffing and puffing from the agent. Simply ignore this as it's par for the course.