Do we have to pay estate agent fee?

Doozergirl

Brizzo wrote: »

We did sort solicitors and mortgages before the termination ran out but that's all. Nothing else. That's why I'm wondering what unconditional contract exchange means as this is mentioned in their agreement.

Unconditional exchange of contracts would be the exchange of contracts you think it is, yes.

Brizzo

Doozergirl do you think we still have a good case for not paying fees if we've had surveys done within the 14 day termination period (although my buyer's survey was done on the day the contract officially ended)

Doozergirl

It has nothing to do with the termination period. It's a sole agency agreement and you are therefore entitled to sell privately regardless of whether you have given notice or are in the middle of your initial marketing period.

If they had genuinely introduced the buyer recently then the termination period wouldn't count anyway, they would be entitled to their fee regardless.

Brizzo

That's good news then. Am fully expecting a letter tomorrow either to try take it further or just ask me to pay the stupid £100 + vat which I signed to agree if I took the house from their marketing, as well as the fact I've already paid £50 + vat up front just because I chose not to get ripped off by their own very expensive HIP report. No doubt I'll post on here again tomorrow to let you know if I hear anything. Thanks again Doozergirl.

Brizzo

So, today I receive another letter from them along with a copy of the 'consumer guide' relating to the estate agent ombudsman and an 'office of fair trading - buy with confidence' leaflet.

The letter enclosed only acknowledges receipt of my letter and that they are looking into the matters I raised. Also that they have enclosed a copy of their complaints procedure...so I'm guessing that is all about the very disappointing service received I spoke about.

However, no mention whatsoever about the main issue which is the fact they are trying to charge me selling fees for 'introduction to my property' of the buyers which they didn't introduce as they are friends of ours!!

What does everyone make of this please??

alm721

I would take it as they realise they may be wrong and are looking into it. To be honest I would think they will either threaten to take you to court or you wont hear from them again. I would do nothing until you hear from them again, assuming you do, unless you want to complain to the ombusdman.

Brizzo

I've finally had a letter back from the EA. They have noted my comments regarding the poor service and admitted they are in some cases at fault. They even had the cheek to put in writing they are confused as to why if I'd previously years ago had disappointing service from them that I would decide to instruct them even though I clearly said why etc in my letter and even that I was a buyer last time, not a seller!


They said that they are still seeking to recover their fee but will reduce it by 25%!! They seem to think that again just because they sent out my house details on email to my buyers (co-incidentally) that this means they introduced them to the property. Yes my buyers did view other houses through this agent (as they also mentioned in their letter) but that's irrelevant surely? They even mentioned that they did call me with a viewer once but they cancelled - also irrelevant don't you think? I said to my boyfriend that's like saying oh I want a pint of milk, but I can't be bothered to go out and get one!!

Should I write back noting the Foxtons case do you think? I seem to think someone on a forum said that if they agree to reduce the cost this means really that they know they are in the wrong and just trying it on as if they thought they were right they would stick to their guns!!

Debt_Free_Chick

Brizzo wrote: »

They seem to think that again just because they sent out my house details on email to my buyers (co-incidentally) that this means they introduced them to the property.

Personally, I think this weakens your case. The EA is saying that it was their mailshot that told the buyers that the property was available for purchase.

The Foxtons' case dealt with a joint agency, so I'm not sure of the extent to which you can rely on that as a precedent

How did the buyers know that your property was for sale?

Brizzo

We already knew our buyers, they are friends and work colleagues of ours. They are also FTB's that's why they were looking around, just to get a feel of what's about for sale.

I've known the guy for about 2 years and the girl for about 5 years and her mum, brother and 2 cousins work for our company too! One of these cousins lives 6 doors away and that's how she initially knew through word of mouth then rang me from her desk to ask if they could come view.

sukysue

'They said that they are still seeking to recover their fee but will reduce it by 25%!! They seem to think that again just because they sent out my house details on email to my buyers (co-incidentally) that this means they introduced them to the property. Yes my buyers did view other houses through this agent (as they also mentioned in their letter) but that's irrelevant surely?' quote

I think you may well have to pay something to them why don't you negotiate a compromise it will cost you an arm and a leg in sol fees to defend you in court surely not worth the hassle ?