Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Margot123
    • By Margot123 13th Feb 18, 9:08 AM
    • 659Posts
    • 671Thanks
    Margot123
    Ignorant Estate Agent - letter required?
    • #1
    • 13th Feb 18, 9:08 AM
    Ignorant Estate Agent - letter required? 13th Feb 18 at 9:08 AM
    My buyers asked for a further reduction prior to exchange.

    I emailed the estate agent saying 'no'; I even put it in capitals, bold and underlined!
    The EA has chosen to ignore this (although has responded attaching the email) saying 'I think we need to renegotiate'.

    The buyer's solicitor is now under the impression that I am willing to renegotiate.

    Do I need to put this NO in a good old-fashioned letter, sent by Recorded Delivery?
Page 2
    • Surrey_EA
    • By Surrey_EA 13th Feb 18, 11:32 AM
    • 1,412 Posts
    • 1,739 Thanks
    Surrey_EA
    If the Op does this, they will be liable to pay two sets of estate agent fees. They'll be liable to the first estate agent which introduced the buyer (regardless of whether it is sole agency or not). And they'll be liable to the second agent.
    Originally posted by steampowered
    Eh?
    They'll only be liable for a fee from agent1 if the sale reaches a successful completion (although some contracts will stipulate fees are due on exchange) From the long list of posts by the op documenting their sale it seems unlikely the sale to the present buyers is going to reach that point, imho.

    If they choose to appoint a second agent to replace agent1 then they should do so on the basis that no fees are due to agent2, in the event the current buyer does finally get their act together and stop messing about.
    • eddddy
    • By eddddy 13th Feb 18, 11:34 AM
    • 5,817 Posts
    • 5,555 Thanks
    eddddy
    If the Op does this, they will be liable to pay two sets of estate agent fees. They'll be liable to the first estate agent which introduced the buyer (regardless of whether it is sole agency or not). And they'll be liable to the second agent.
    Originally posted by steampowered
    That's very, very unlikely.

    If the current buyer decides not to proceed with the offer that was accepted, there shouldn't be any fee payable.

    (Even if the contract refers to a 'ready, willing and able buyer' - that would mean ready, willing and able to proceed at the price agreed.)
    • Thrugelmir
    • By Thrugelmir 13th Feb 18, 11:53 AM
    • 57,400 Posts
    • 50,692 Thanks
    Thrugelmir

    If the current buyer decides not to proceed with the offer that was accepted, there shouldn't be any fee payable.

    Originally posted by eddddy
    Highly possible that there would be abortive legal fees though.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • cjmillsnun
    • By cjmillsnun 13th Feb 18, 12:55 PM
    • 473 Posts
    • 348 Thanks
    cjmillsnun
    abort the sale, sack off the agent and find one who is going to actually work for you.
    • Margot123
    • By Margot123 13th Feb 18, 2:08 PM
    • 659 Posts
    • 671 Thanks
    Margot123
    Why haven't you picked the phone to the EA and discussed the matter fully?
    Originally posted by Thrugelmir
    Don't you think I have tried that already?
    The person I am dealing with is always unavailable and never calls back. No one else will discuss it.
    They will only communicate by email 'to preserve a record'.
    • JennyP
    • By JennyP 13th Feb 18, 2:26 PM
    • 770 Posts
    • 444 Thanks
    JennyP
    Don't you think I have tried that already?
    The person I am dealing with is always unavailable and never calls back. No one else will discuss it.
    They will only communicate by email 'to preserve a record'.
    Originally posted by Margot123
    That's outrageous. You're paying their commission!
    • Margot123
    • By Margot123 13th Feb 18, 2:32 PM
    • 659 Posts
    • 671 Thanks
    Margot123
    That's outrageous. You're paying their commission!
    Originally posted by JennyP
    I'm absolutely disgusted. They are a local company, well-established but they did have a change of manager about 2 months after the house went on the market. The original one was brilliant, and never once called me 'flower' or 'sweetheart'!

    I've sent off a letter today as they have breached the Data Protection Act and shared my info (and that of the buyers) without authorisation, but that's another story....
    • JennyP
    • By JennyP 13th Feb 18, 2:50 PM
    • 770 Posts
    • 444 Thanks
    JennyP
    I'm absolutely disgusted. They are a local company, well-established but they did have a change of manager about 2 months after the house went on the market. The original one was brilliant, and never once called me 'flower' or 'sweetheart'!

    I've sent off a letter today as they have breached the Data Protection Act and shared my info (and that of the buyers) without authorisation, but that's another story....
    Originally posted by Margot123
    I really feel for you.
    Could you use the estate agents ombudsman?

    I hate it when anyone passes my number without asking and would be incensed if a company did it.
    • Surrey_EA
    • By Surrey_EA 13th Feb 18, 2:57 PM
    • 1,412 Posts
    • 1,739 Thanks
    Surrey_EA
    That's outrageous. You're paying their commission!
    Originally posted by JennyP
    Well, I suspect the OP hasn't paid anything yet! And at the rate it's going isn't likely to either!
    • JennyP
    • By JennyP 13th Feb 18, 3:11 PM
    • 770 Posts
    • 444 Thanks
    JennyP
    Well, I suspect the OP hasn't paid anything yet! And at the rate it's going isn't likely to either!
    Originally posted by Surrey_EA
    Let's hope not!!! They don't deserve a penny!
    • Margot123
    • By Margot123 13th Feb 18, 4:08 PM
    • 659 Posts
    • 671 Thanks
    Margot123
    I have posted a complaints letter today based on the template provided by the TPOS website.
    It's been sent 1st Class Recorded, so they can't say they haven't had it.

    I've listed all my complaints, and there were quite a few. I'll have to wait and see what the response is.
    • eddddy
    • By eddddy 13th Feb 18, 5:05 PM
    • 5,817 Posts
    • 5,555 Thanks
    eddddy
    I have posted a complaints letter today based on the template provided by the TPOS website.
    It's been sent 1st Class Recorded, so they can't say they haven't had it.

    I've listed all my complaints, and there were quite a few. I'll have to wait and see what the response is.
    Originally posted by Margot123
    What resolution are you looking for? An apology?

    (If so, and you get an apology, will you think it is sincere? Will it make you feel better?)
    • Margot123
    • By Margot123 13th Feb 18, 6:16 PM
    • 659 Posts
    • 671 Thanks
    Margot123
    What resolution are you looking for? An apology?

    (If so, and you get an apology, will you think it is sincere? Will it make you feel better?)
    Originally posted by eddddy
    I've suggested a reduction in their fee, presuming a sale ever goes through with them.
    They will be earning over £2.5k before VAT.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,350Posts Today

9,267Users online

Martin's Twitter