Estate agency sole agency terms

[campagnolo]

Hi there,

I would greatly appreciate advice on the terms of a marketing agreement offered by an estate agent to sell my property. After agreeing a good fee for a sole agency agreement, I reviewed the marketing agreement and found that the terms were more like Sole Selling terms. Upon notifying the agent, they simply added the phrase 'Sole Agency' but did not change any underlying terms. I went back again and explained that in case of a private sale we should not be liable to pay a fee. In response, they took out any mention of liability to pay the fee even if the buyer was found by us, but the rest of the terms still look suspiciously like Sole Selling terms. Furthermore, they agreement states that we will still be liable to pay a fee if contracts are exchanged up to SIX MONTHS after the marketing agreement ends, even if the buyer was found by another agent. Is this standard? It seems exploitative, but I am no expert. These are the terms I'm particularly concerned about:

TERMS OF ENGAGEMENT
You have instructed us to act for you on a sole agency basis which applies when we are appointed as your only selling agent. Marketing will start from today for a period of 12 weeks and thereafter until notice is given (see below) to end this agreement. Our fees (in addition to any other costs or charges that may have been agreed) are to be paid in each of the following circumstances.
- If unconditional contracts for the sale of the property are exchanged in the period during which we had sole agency even if the buyer was not introduced by us but by another agent either during or after the agency period up to six months after our marketing agreement ends.
- If unconditional contracts for the sale of the property are exchanged after the period during which we have sole agency to a buyer who was introduced to the property during that period even if the buyer was neither found or introduced by us but by another agent either during or after this agency period up to six months after our marketing agreement ends.
- If conditional contracts are exchanged in the circumstances set out in the 2 clauses above and the condition has been met, contracts are deemed to have been exchanged.
If you appoint another agent at the end of our sole selling agency and we remain instructed, our terms for multiple agency terms will apply.

Very much appreciate any steer on this!
Best,
Carl

[ULA]

I am no expert specifically in this type of contract but I do review and write many other forms of contract.

Terms which include a clause of payment six months after the agreement ends, even if the buyer is introduced by another agent would not be ones I would agree or sign up to. Their ability to charge a fee should end when the contract terminates. You have clearly already negotiated some clauses I suggest you try to do it on this one as well.

[dslippy]

These remain standard sole selling terms. Whether you can renegotiate them to exclude standard remains to be seen.

[campagnolo]

Thank you both for taking the time to reply.