Do we have to pay estate agent fee?

Brizzo

I've just checked the correspondance I received from the EA today with a list of mailings sent to potential buyers and office notes only to discover....29/1 - letter received from v sols....

The solicitors are the ones who've caused all this then after saying 'we promise you it certainly hasn't come from us'!!!! They sent some kind of letter to the EA regarding my sale and THAT'S how they know.

Can I do anything about this??? Am furious now (even more than I was before!!)

sukysue

Sounds to me like they are in cahoots together!!!Are they related?

Brizzo

Doubt it, just both bl**dy useless though! You pay these people a hefty fee and that's what you get.

These solicitors are getting a fee from me to buy my partner's house, sell to my buyers and for my partner to sell to me and this is what we get in return.

Stupidity and lies.

Floxxie

Brizzo wrote: »

I've just checked the correspondance I received from the EA today with a list of mailings sent to potential buyers and office notes only to discover....29/1 - letter received from v sols....

The solicitors are the ones who've caused all this then after saying 'we promise you it certainly hasn't come from us'!!!! They sent some kind of letter to the EA regarding my sale and THAT'S how they know.

Can I do anything about this??? Am furious now (even more than I was before!!)

I don't understand how your solicitors would have known about the EAs unless you told them that you were selling your property through them or your buyers did. Either way it weakens your case about finding your buyers without their help.

Floxxie

hethmar

Im afraid solicitors are useless - Ive learnt that to my cost too.

Have your buyers written confirming the details re how they knew about your house?

Brizzo

No not yet, who would they write to though, the EA?

Originally I was selling through the EA then through word of mouth at work our work friends asked me about the house and that's how it started.

The solicitors knew as soon as I'd chatted and agreed on a price with our buyers that this was now a private sale, I even asked their advice on the 14 day termination etc so they were always fully aware of what was happening.

I'm so annoyed it turns out to be them (I did still suspect it may be them even though they were trying to blame my buyers saying they must have told the EA - as if!) as the EA knew exactly how much we'd agreed on.

Do you think I just need to pay up and put it down to experience or can I get the solicitor to pay now I know it's their fault. After all it's now no skin off my EA's nose to show me this letter in question.

Or do I keep fighting it with the EA as really they still don't have a sound case surely?

Debt_Free_Chick

Solicitors would normally contact the EA, as it's the EA that co-ordinates a certain amount of the legwork.

But I wonder how the solicitors knew who the EA was?

Brizzo wrote: »

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.

Could you just clarify ..... how did the buyers know your house was for sale?

The EA claims to have sent them the details - is that right? And when was this?

Brizzo

The buyers are colleagues from work, they knew about me selling my house through word of mouth at work. Her mum as well as a few members of her family all work where I work and it's a local company. Her cousin who works where we work too lives 6 doors away!

I was originally up with an EA which my solicitor knew about then took it down with the EA when we sorted a private sale. I told my solicitor about this and they were fine with it, i even asked for advice and they knew they were no longer to send any instruction to the EA as it was being terminated.

When they letter from the EA came I spoke to the solicitor who totally denied any knowledge of how the EA had found out (and this is where it all kicks off as my buyer had been on their mailing list) and promised it was certainly nothing to do with them.

Now I find out of course, it WAS them!!

Doozergirl

Debt_Free_Chick wrote: »

Solicitors would normally contact the EA, as it's the EA that co-ordinates a certain amount of the legwork.

But I wonder how the solicitors knew who the EA was?

You have to write it all down on the form when you instruct the solicitor.

I know the case was about joint agency but I think the very valid point here is that even though Foxtons had introduced the buyer via an actual viewing, they hadn't introduced the buyer to the sale because they weren't interested at the time.

Being on a a mailshot I don't think is enough theses days to warrant an introduction. I get mailings constantly from agents but if I were to miss that email (I don't read all of them) and a friend introduced me to a property then I'd be really annoyed if the EA were able to simply say that I was on their mailing list and therefore entitled to several thousand pounds. The fact that the buyers have even been on viewings with the EA but not to the OPs is frankly embarrassing for the EA.

And then on top of that, the sale is proceeding as we speak. The EA in theory has a job which they can be doing now but instead of offering their services have just sent a bill for a sale which hasn't even happened yet! How can you bill for the successful completion of a house which hasn't sold?

They are so inept, you couldn't possibly make it up.

Debt_Free_Chick

I'm only cautious about the Bicknell case as - with all cases - it depends on the individual facts of each case. The Bicknell one was interesting, as months passed between the date that Foxtons introduced the buyer and the date that Hamptons "secured" the sale.

Foxtons showed the buyer around in April 2005. Hamptons were appointed in July and sent details to the buyer in August. The buyer expressed no interest until October.

And there are "pages" of deliberations on the reasons why the Judge decided against Foxtons - transcript here

So ... I'm just not 100% sure that the OP is "in the clear".

What if the buyer only became aware that the property was for sale via the EA's mailshot and then made enquiries privately .....

In the Foxtons case, the Judge seems to have made an issue out of the fact that the buyer's initial interest evaporated .... but was rekindled by Hamptons.

The OP's buyers do not appear - on what we know - to be in that position