The buyer viewed the property with agent one and liked the property, but felt the price was too high. After the agency agreement ended with agent one and the seller instructed agent two, the buyer made an offer two days later
The only reason why the buyer made an offer after agent two was instructed, and not to agent one, was the seller’s willingness to change their position and to accept a lower offer
Agent one also provided the seller with an activity statement, showing the buyers that agent one believed they had introduced to the purchase, and they highlighted the possibility of the seller being responsible for dual fees
Agent one was entitled to the full fee
Case two
Agent one’s property activity statement made no reference to the buyer
Agent two was entitled to the fee in full
Case three
When the seller ended their contract with agent one, agent one
provided no property activity list or any list showing viewings at the property to the seller
Agent one also did not make the seller aware of the risk of paying dual fees
The buyer was a neighbour and did not book a viewing through the agent
The evidence suggested agent one considered the buyer a “nosey neighbour”. They neither took her interest seriously or considered her a ready, willing and able purchaser
Agent one argued their advertising and sales board introduced the buyer to the purchase
After the buyer went to the property to speak with the seller (during agent one’s instruction), no official viewing took place and no offer was made
The seller accepted an offer from another potential buyer, which eventually fell through. This broke the chain of events
After this sale fell through, the buyer officially viewed the property through agent two and went on to purchase the property
Agent two was entitled to their fee in full
