Not sure how to handle this situation

I can second this. Generally speaking the first agent will be entitled to a commission on the sale as he introduced you to the property and negotiated on a price. Ultimately nothing has changed as you are willing to buy at the same price. Generally it will be the vendor that is liable and not the buyer but this varies.

I would go a different direction and be upfront with the new agent. He can try and negotiate with the previous agent some sort of conjunction agreement. In my experience these things will come out eventually so it is best to be up front from the start.

 

These clauses are very common in NSW - but I am not sure if they are in QLD

 

Ahh did not see his location

 

I am not sure where he is buying, but it could happen in QLD or other states too.

 

Yeah it's in Qld.

Bugger now I am torn between, being upfront and risking the agent not presenting the offer or trying to be more sneaky... Hmmn

 

Upfront and honest is usually best, as well as good karma.
Marg

 

Is there a way to ensure the agent presents the offer?

 

He is legally bound to present it

 

Totally tell the new agent you had another contract with the first agent,if there is still a current appointment to sell with the old agent.I didnt realise this was the case -There is a good chance of having to pay commission to both parties as the guys said.
Talk to yr solicitor first asap.