Quote:
Originally Posted by Dawnpatrol
Hi.
We are currently selling our house in Portugal. We have it advertised with two estate Agents.
Both agents have taken the same clients to view the property.
It would appear that the clients decided to go to the 2nd agent for some reason un beknown to us.
Now the fun has started. Agent No1 are saying that as they did the initial introduction to the property that we are liable for commission to both them and agent No 2 if the sale goes through.
We feel entirely helpless in the situation as we are only the innocent sellers.
Our contracts with both agents appear to be slightly different in as much that agent No1 has a clause "if the agent or his representative introduces directly or indirectly a buyer for the property, IRRESPECTIVE OF THE TERMS OF THIS CONTRACT!!!!!! then we the sellers agree to pay them commission.
This contract, has only been signed by my wife and so wonder that if it is binding (which seems totally unfair) have I a way out as a person who didnt sign it. We obviously dont want to enter into expensive litigation over something out of our control and wonder if anyone out there has any views on this subject which is causing us some considerable worry.
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Just noticed this. Are you both on the property title deeds as owners? If you are both on the title deeds as owners or if you are and your wife isn't (ideally) you have a better chance of not having to pay the commission as the contract would be void.
It all depends on how good their contracts are and how good their lawyers are and how far they are willing to take it to get paid. Very few agencies actually follow it up (ours was one of the only ones that did) because not that many are confident enough in their own paperwork. Not all agencies get the client to sign a sheet of paper stating that he was seeing the property for the first time with the company, etc.