Can Estate Agent withhold names of people introduced?

Question

I have sacked my Estate Agent. I asked him for the names and contact details of people whom he has introduced to my property (so that if we go with another estate agent we can avoid these people and won't have to be forced into paying estate agent 1 as the introducer). He says it is against company policy to give out these details. Where do I stand? If we go with another estate agent and end up selling to someone who has had previous contact with estate agent 1 then we are going to end up having to pay two lots of fees. Is there anything we can do about this? Help appreciated
Thanks.

Answer 1

I'm not sure, but I think that they should provide you with all of the names if they are reputable.

Threaten them with the Ombudsman for Estate Agents or Trading Standards and see what they do.

Answer 2

You are within your rights to have the names of all the people that viewed your house while under contract with the said agent because as you rightly say if you was to sell the property to someone introduced by the previous agent then they will want there fee as well as your new agent. But don't forget that the only way they can find out who you sold to is to wait for the transaction to be completed then contact the land registery for the names. Now some of the larger companies will do this but if it was an independant then they may not bother so that is worth thinking about. If you feel that you have a complaint about the agent you can contact the "ombudsman for estate agents" but thats as long as they are a member or the N.A.E.A ( national association of estate agents ) but also only if they are a member. Explain the reason you want the names and then they maybe more co operative. Estate agents are not regulated but there are bodies you can go to for help. If your next agent is not part of the ombudsman or N.A.E.A then i really would avoid them!!!!!

We are not all bad people just like everything there are a few bad apples that give everyone else a bad name!!!!!!!!!!

Answer 3

If you are British check the position with the Citizens Advice Bureau. They are very good on this kind of matter and the advice is free. As I understand it they don't have to give you the names as I expect this comes under the Data Protection Act. As for paying two fees if the person viewing had previously seen the house but had elected not to buy from that agent and you have severed all links then I don't think he has a case. I am sure you only pay fees to the one who actually closes the deal. However, check it out this will at least set your mind at rest. May I also suggest that you keep a list of all those who come to see the house.

Answer 4

I don't know about Europe but here in the US of A real estate agents that have a listing owe their loyalty to the seller. If you fire an agent and relist with another the new agent owes you the loyalty. If a property is shown by the new agent to a person whom had previously seen the property the agent representing the buyer gets his due if there is a problem with commission (fees) we have a board of regulators to sort it all out.

Answer 5

The rules are obviously in place to stop you trying to pull a fast one and set up a private deal.

If I were you, I'd ask the agent you move to - they would be within their rights to demand the names, because they would obviously have to split (or lose) their commision if they brought along the same people. There's probably some professional code under which they can know, but they still might not be able to tell you.

Answer 6

You wont pay two lots of fees. If you are with a sole agent you pay them only.

Answer 7

Yes. They are unregulated, you'll never get anywhere trying to do anything about it.