Multi-agent situation - definition of introduction?

[Lucy M]

After a few weeks of advertising my flat with several agents, I was really pleased to get an offer through one of them (Agent 2). Agent 2 emailed me with the offer details and a copy of their T's and C's asking me to sign and return.

I haven't yet done this, but in the meantime, another agent (Agent 1) has called and advised me that as they showed the same tenant the flat first, their fees are due even if we accept an offer from this person through Agent 2.

Agent 1's T's and C's contain the following words;

1.1 In the event that Agent 1 introduces a tenant who enters into an agreement to rent the landlord's property, commission becomes payable to Agent 1.....................whether or not negotiated by Agent 1.

1.2 The commission fee is payable for any tenant introduced to the property by Agent 1, whether or not the tenancy is finalised by Agent 1...............

I'm not sure what to do as;
- Agent 2 has consulted their solicitor and they are telling me that Agent 1's T's and C's are unfair, and no agency can own a tenant in such a way.
- Agent 1 are a well known and pretty aggressive bunch who are unlikely to let this drop.
- I really want to accept the offer put to me by Agent 2
- The prospective tenant has fallen out with Agent 1 and will not deal with them at all but really wants the flat.

Are Agent 1's T's and C's enforceable? What is the definition of 'introduces'? It is not defined, and I was unaware that the viewing had even taken place/was unaware of the individual concerned until Agent 2 discussed him with me. No offer was put to me by Agent 1.

Many thanks for your help......

[Jonboy]

sounds to me like a try on,

crap agents usually try it on with with rubbish contracts, tell them to get stuffed, tell them you found a different tenant and tell the tenant to say the same.

they don't have a leg to stand on

tell them you have reported their actions to the local trading standards office, they will soon shut up

JB

[mjpl]

I would suggest that you take further advice with regards to your Terms and Conditions.

As an agent we often have problems with carrying out a lot of work in finding the right tenant for a property. What then happens is another agent calls the tenant as part of a call out and finds out that they are taking a property that they are also marketing. It then becomes the easiest thing for the agent to offer the tenant a free admin fee if they will take it through them instead.

Quite often the second agent hasn't even had to leave the office to get the deal.

The above case demonstrates why a lot of agents state that if they have introduced the tenant to a property i.e shown the tenant details and carried out a viewing or arranged a viewing, that they will be entitled to an introduction fee if the tenant chooses to take the property.

[Paul_f]

Unfortunately there is no legal requirement for an agent to submit terms of business to a prospective client in writing....BUT
If there are no written terms submitted by the agent then they would in all probability be up the creek in the event of a dispute.......BUT
You say Agent (2) submitted their t & c (I trust you mean terms & conditions by this but it is in fact a terms of business) with the details of the prospective tenant? I would say this information should have been given to you BEFORE they introduced anyone so I would consider it unlikely for them to be able to claim their fee in the event of a dispute.
If Agent (1) had a valid terms of business with you beforehand (especially if you have signed it although you are not required to do so) then you should consider this agent as being the introducer.
If any of the agents are RICS/NAEA/ARLA Members then their Rules of Conduct require that you be furnished with written terms of business BEFORE you have any financial obligation to them.