Following the property being sold, Mrs G (the Seller) complained that the Agent she had previously instructed to market the property had wrongly claimed a commission fee when it was eventually sold by another agent. The Agent argued that they had introduced the buyer to the purchase and were therefore due a commission fee.
It was not disputed that the buyer had viewed the property via the Agent as part of a property themed television programme and that he went on to make an acceptable offer within six months of the termination of the Agency Agreement. The agreement signed by Mrs G clearly stated that the Agent would be due a commission fee if they introduced the buyer to the property. However, the investigation of the branch file found that the Agent’s
involvement was limited to accompanying the viewing and that the buyer had subsequently expressed no firm interest in the property.
As the buyer had expressed no quantifiable interest in the property following the viewing, I did not consider that the viewing had led to the offer made by the buyer a number of months later. I was, therefore, not persuaded that the Agent had introduced the buyer
to the purchase and I directed the Agent to withdraw their commission fee invoice.
Simply being present at a viewing from which no interest results, does not qualify an agent for a commission fee.