agents commission if I sell privately?

Hi all! We are coming near the end of a 60 day exclusive listing with our agent. While they have been great and appear to have worked their butts off to get us a sale, we've had no offers yet despite generating plenty of interest.
My question is if after our listing has expired and I am able to get a private sale myself, am I liable to pay commission to the agent if it's to someone who has NOT been introduced by the agent?? Is there a specific time frame/ waiting period?
Do I have to prove the private buyers have had no knowledge of the listing while it was with the agent?
I've heard some horror stories of poorly performing agents coming back months later to claim commission for a sale they've had zero part in.:eek:
 
Fine line sometimes
If contract has expired and not renewed AND the agent didn't introduce the other party, then no commission.
If those variables are true and agent comes back for commission, tell them to prove they introduced the other party.
 
I'd terminate the agency agreement in writing, and then if you do sell to a private seller, include a special condition in the contract stating that the buyers indemnify you against any claims from that agent.

But you'd need a lawyer to draft that, and I'm not one. :)
 
I terminated an agent once and the contract contained a clause that allowed anyone he had introduced before rescision to give a right to Comm. Ditto they did nothing and I wanted out and felt that was harsh. I requested Fair Trading (Tribunal) to cancel that clause during my claim the agent was a f wit. They did.

Read the agreement would be my first recommendation. I doubt any sacked agent will agree to vary the standard clause if you agreed to the clause originally. Agents keep their record of attendance at open homes for that reason too. You wouldnt be first seller to stiff them on a sale and later sell to your neighbour who walked through on the first open.
 
Thanks for your replies! We haven't got anyone lined up or anything and am happy to pay the agent their commission if a sale goes through that they played a part in through an open home or through advertising etc. Just thinking out loud. If we don't re-sign with agent, I'll get it clarified and in writing from them that if I arrange a private sale outside of our listing to someone not introduced by them, that no commission will be payable.
As I said, the agents have been great and totally deserving of payment, I just need someone to buy my place!:)
 
If we don't re-sign with agent, I'll get it clarified and in writing from them that if I arrange a private sale outside of our listing to someone not introduced by them, that no commission will be payable.
I wouldn't do this; asking them that may make them suspicious that you have a private buyer lined up. Even if you don't, they'll suspect that, and it could end things on a very sour note, unnecessarily. And if you can't find a private buyer, if they've been good, you may wish to re-list with them.

I'd instead seek assurance from your prospective buyer - if you find one - that they haven't dealt with the agent, and get a special condition inserted in the sale contract to that effect.
 
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