Letting agency clause

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    Letting agency clause

    I have received a contract today which says " Should you sell the property to a tenant introduced to you by us or to any third party directly or indirectly associated with such tenant during or at any time in the period of 12 months after the tenant ceases to occupy the property, we shall be entitled to a commission of 1% of total sale price, payable on completion."

    This is the first time this clause has appeared in my contracts. Am I right in thinking it's unreasonable?

    #2
    I am not too sure it is unreasonable, i have used a large nationwide estate agent to find me tenants over the years and its all gone fine, if i sold one of my properties to them then i save on the estate agents fees.......... and that same estate agent found the tenant who purchased it (in a roundabout way), good spot though and its something i have not noticed on my tenant find docs but i guess it will be there.

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      #3
      Google "Foxtons Case".

      The clause is unfair and there has been case law to the effect since 2009.
      The clause described is even wider ranging than the unfair clause in that specific agent's contracts.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #4
        Avoid dealing with an agent who slips such a clause into a contract.

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          #5
          You're a star JPKeates. I've emailed the agents with the reference and asked them to remove the clause. 👍

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            #6
            The agents sent me a revised contract with the offending clause omitted. Thank you all!

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              #7
              Thanks for letting us know the outcome.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment

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