I'm about to instruct an Estate Agent for the sale of my house.
I asked for a draft of the contract and found that it included a "Ready, willing and able" clause.
- You will be liable to pay remuneration to us in addition to any costs or charges agreed if at any time contracts for the sale of the property are exchanged with a purchaser introduced by us or another agent during the sole agency period; or with a purchaser who became aware of the property through our marketing during that period; or where we have introduced a ready, willing and able buyer (see 6).
- READY WILLING AND ABLE: A buyer is ready willing and able if they are prepared and are able to exchange unconditional contracts for the purchase of your property. If such a buyer is introduced by us in accordance with your instructions our fee will become due even if you subsequently withdraw from the sale and unconditional contracts for sale are not exchanged.
I find this an unreasonable clause, and various online sources agree with me.
I'm expecting to simply tell the estate agent that I'm not willing to sign such a contract and that they need to strike that particular clause from the contract.
A variety of questions around this:
- Are such clauses still normal, or is this a relic from the past (as implied by the resources I've see online)
- Should I expect them to put up a fight, or is this something that they're trying on and will probably cave as soon as I push.
- Is there anything more concrete I can say about the clause. The linked resources seem to conclude that such clauses ARE legal ... just distasteful.