Early Days

[hughnique]

Might be a bit early to celebrate but an offer has finally come through on the house, don't ask me but a chap knocked on the door a couple of weeks ago and said he had seen the property on the internet, and wanted to look but as he wasn't registered with either of the agents he wished to buy on a "private" basis, suits me as one of the agents, has put the full postal address on the blurb, which to me encourages, what can only be described as back door tactics. So offer accepted but something doesn't seem to gel. He came around with his family at the weekend, spent 3 hours looking around, another hour bartering, and we parted with a "we will think about it". When we looked at things we were arguing over 5K€, so decided to accept, bearing in mind we had already dropped 50K€. Now I have to check the mandat with the agents as someone has put the notion in my head that someone could still be liable for the agents fees, even though they are not involved, really can that be true, it seems a bit bizarre to me. In essence neither of the agents have produced anything positive, 2 time wasters from one and nothing from the other, I know that should they somehow are entitled to the fees the deal will vapourise, which is why I am reluctant to take it off the market at the present moment in time. Anyone had any similar circumstances??

[Blaze]

I would be very wary of someone who comes knocking at the door on spec. Since legally you have to use - and pay - a notaire, perhaps you should ask his advice - let him work for his fee ! As you have a mandat with an , it will may be hard to get out of.
The idea of buying without going through an estate agent is usually to avoid the fee and/or for negotiation on the asking price. But it is not without risk. There's nothing to stop you going back to the estate agent with your potentiel buyer, saying that you have agreed a price. The estate agent will then draw up the draft compromis and you will have some sort of security : if the buyer backs out at this stage (after the 7 day cooling off period), you will be compensated.

It's a lot simpler using an estate agent, particularly as regards the language, and you could be saving yourself a lot of worry and if you do have to pay a fee, then make him work for it. The estate agent can explain what you can throw in with the sale and what you can charge extra for etc. Probably other things that you might not have thought about.

[Wilbro]

As I understand it you will be fully responsible for paying the agent's fees especially as the chap had picked up your address from one of their sites.

[Lori]

one of the agents, has put the full postal address on the blurb

This sounds like a tactic to use to claim anyone approaching you without going through that specific agent would be assumed to have 'found' you via their ad noting your exact address. I have no idea, but that's what it sounds like to me. I have never seen an agent advertise the exact address of a property.

I would imagine he/she will expect their fees under such circumstances.

I'd be very careful.

[Bayleaf]

Dodgy-sounding estate agent! They usually make a point of not telling prospective purchasers where their listed properties are, specifically to stop people just turning up and trying to do a deal.

That said, we bought our Pépinière without using an agent, back in 2006. It had been on the market a long time, and I recognised it as a local business. We were actually customers at the time and it was the classic old advert "I loved it so much, I bought the place", or words to that effect.

The owners were more than happy to strike a deal without agents - as it was a very old advert and they thought it had been deleted. We shared Notaire, as is often the case, and all went very smoothly. They eventually told the agents that the business had been sold privately, and please delete the advert.

When we eventually sold on the land and buildings in two parts (thanks to recessions), we managed it without agents - just a very basic A Vendre sign by the road and our 'phone number - both sold (we sold cheap) to local families and again we shared Notaires.

[Polly]

Yes, good news that there’s some interest, Hughnique, but you do need to be very careful about trying t sell privately, having signed with an estate agent. I think it would be unusual for there not to be a clause in the contact with an estate agent to the effect that they will get their fair share regardless of how the sale comes about.

I like Blaze’s suggestion- that you and your buyer visit the estate agent and have an agreement put together, if the buyer and the agent are interested in the suggestion.

[hughnique]

All gone tits up this morning back to the drawing board.

[RobertArthur]

There is a distinction between a simple mandate (the sale is entrusted to several estate agencies and the seller reserves the right to find a buyer themselves) and an exclusive mandate (a single estate agent is responsible for selling the property). These two types of contract are generally for a period of three months. The mandate may also be semi-exclusive. In this case, the seller can look for a buyer themselves, but must refer them to the estate agent holding the mandate.

Source.

[MAD87]

Have you advertised privately @hughnique ? Eg on Greenacres? We sold our last house through that site.

[hughnique]

I put it on a site run by an Irish bloke in London, there was a registration fee of £600, which broke my heart, but he basically has acquired publicity worldwide, trouble being no one has shown any interest in it. I normally think I am pretty cute when it comes to rip offs, but advertising on Greenacres and a myriad of similar sites all costs money, normally on a monthly basis, which soon adds up to more than 600£. I really didn't think there would be no takers for the place, but then British mentality, buy a wreck do it up and make a vast profit, not here I am afraid. Additionally the Irish bloke then collars 5% off the buyer, what with that and the notaries fees it soon turns a bargain in to an expensive exercise.