Selling agent commission payable if tenants purchase direct from owner?

Discussion in 'The Buying & Selling Process' started by Rex, 27th Jul, 2018.

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  1. Rex

    Rex Well-Known Member

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    We are "rentvesting" in Perth and our landlord has recently (a few weeks ago) listed the house we are renting for sale. The house is listed with an agent, who has made no approaches to us about buying the property. I assume it's an exclusive listing.

    We know the owner, and are considering approaching him directly with an offer to buy. The offer will be well below asking price as it's overpriced and we think he's is in a hurry to sell. One of the positives I'd hope to bundle with the offer is to suggest that he can avoid paying agents commission if he sells it directly to us without agent involvement.

    I checked a listing agreement that I had with an agent last year (not a standard REIWA one though), and it required the buyer to be "introduced by the Agent to the seller of the property" for the agent to obtain his commission, even during the exclusive period. Neither of these things have occured, but I don't know if this is typical of REIWA or other standard agreements.

    It will of course come down to the terms & conditions off their particular agreement, but can any people with experience selling houses in Perth advise what is typically the case in this instance? What are the common clauses around this in WA selling agent agreements and would you expect the seller would have to pay commission in this case? Thanks!
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    How did you you become aware that the house was on the market, was it the sign on the front fence? Introduction made.
     
  3. Rex

    Rex Well-Known Member

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    Property manager (not the selling agency) let us know the place was going on the market. But is that typically what the go is - if the agent or it's marketing informed the buyer about the property being for sale, they are entitled to their commission, but if not they miss out?
     
  4. The Y-man

    The Y-man Moderator Staff Member

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    Usually the agreement the owner signs with the selling agent states if the property is sold no matter by what means, they still get the commission.

    The Y-man
     
  5. Marg4000

    Marg4000 Well-Known Member

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    It will depend on the wording of the contract the owner signed with the RE agent.

    Last time we sold (Qld) we refused an “exclusive” wording as that entitled the agent to commission regardless of who bought. We signed a “sole” agency that meant the agent had to introduce the buyer through advertising etc.

    If you want to buy the property, by all means make a direct offer to the owner. But don’t count on a lower price by avoiding commission. If you hope to reduce the price by the whole commission, the owner might as well stick with the agent as give you the benefit.
    Marg