If I sell to tenant, must I pay agents' fees?

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    If I sell to tenant, must I pay agents' fees?

    I used an estate agent to find a tenant for my property on a letting only finders basis, ie they did contract ,credit checks etc for a one off fee. After 6 months they wrote to me but i did not use them to extend tennancy agreement , I let it just lapse to periodic.Now a further 6 months later the tenant wishes to buy my property.Am I still liable to the estate agent for commission? In the Terms of Business it says""In the event that a tenant negotiates the purchase of the property which he is renting or had been renting within the previous 6 months , a commission of 2% will be charged payable on completion or on exchange of contracts if completion is more than 6 months after, whether or not negotiations have been carried out by XXXXX.""
    If i did sell as they no longer have contact or involvement how would they know if I sold to the tennant?!
    Any advice appreciated and welcome
    Thanks

    #2
    Originally posted by libby1234 View Post
    I used an estate agent to find a tenant for my property on a letting only finders basis, ie they did contract ,credit checks etc for a one off fee. After 6 months they wrote to me but i did not use them to extend tennancy agreement , I let it just lapse to periodic.Now a further 6 months later the tenant wishes to buy my property.Am I still liable to the estate agent for commission? In the Terms of Business it says""In the event that a tenant negotiates the purchase of the property which he is renting or had been renting within the previous 6 months , a commission of 2% will be charged payable on completion or on exchange of contracts if completion is more than 6 months after, whether or not negotiations have been carried out by XXXXX.""
    If i did sell as they no longer have contact or involvement how would they know if I sold to the tennant?!
    Any advice appreciated and welcome
    Thanks
    It sounds like they can claim commission. Text cited doesn't seem to require that sale be during period of their agency, unless there's more text of relevance in your Agreement with them.

    And don't try to conceal it. Sure as eggs is eggs, they'll nail you. They are Estate Agents, after all...
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      I think you may find that what youhave there is an unfair term and as such you DO NOT have to agree to it. PaulF has posted on the matter several times!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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