Do we have to pay estate agent fee?

Brizzo

I've now filled in my full complaint to the OEA and a final letter to the EA saying that I still do not agree with them in charging a fee, quoted the Foxtons case, stated I can sell privately under Sole agency agreement and informing them I have now lodged an official complaint with the OEA....watch this space.

chickmug

Brizzo wrote: »

I've now filled in my full complaint to the OEA and a final letter to the EA saying that I still do not agree with them in charging a fee, quoted the Foxtons case, stated I can sell privately under Sole agency agreement and informing them I have now lodged an official complaint with the OEA....watch this space.

I assume you do you understand the difference between Sole Agent and Sole Selling Rights? Two very different agreements.

Brizzo

Well I think I do but I think my EA's contract is a bit ambiguous. The headline on the contract says sole agency rights and a letter they have sent me states I have signed a sole agency agreement. Then in the paragraph of their contract after the headline Sole Agency rights it states they have sole selling rights. But then, where the part is when they say they will charge a fee it is only mentioned that if I find my buyer myself it only applies if we are within their contracted period, which I have terminated and more than the 14 days have elapsed.

Brizzo

Today I've recieved another letter in reponse to mine saying that the woman I'm dealing with there is on holiday as of today until 2nd March and wants to know if I could wait for a full reply until then as she wants to deal with it personally. She's also said if that isn't acceptable to contact their solicitor quoting a reference. She hopes this is acceptable and that she will revert back to me upon her return.

What do you make of that? Not sure if the solicitor bit is meant to scare me or that it's just routine now I have complained for them to file something with their solicitors?

mbga9pgf

Knowing EA slime, I expect it to be the former rather than the latter.

Bearing in mind they are struggling to put gruel on the table at present, I would be surprised if the can afford to have a solicitor.

Brizzo

Mine are a well renowed (for being a bit sly) big local agent, am not being scared off though. I've taken legal advice and the guy has told me I should just send them a cheque for the closure fee I've signed for (£100+vat) and call that the end of it. He reckons they haven't got a case.
I just hope that they don't want to try pushing me to pay cos I'm not!

Troubled_Joe

hethmar wrote: »

Im afraid solicitors are useless

Thanks for that enlightened critique of the entire legal profession.

Troubled_Joe

You are a potential defendant and as such can do little but wait to see if proceedings are issued by the EA.

How much is the fee? It will have a bearing on whether they are likely to issue or not. If it is under £5k it will be allocated to the small claims track and legal costs will (in most cases) not be recoverable. This would be a considerable factor in dissuading a potential claimant from issuing particularly if they believe that the claim will be defended.

If they send a formal letter before action, reply stating the facts which you will rely on in your defence and advise them in no uncertain terms that the claim will be vigorously defended.

Brizzo

The fee is £1023+vat now they've knocked 25% off which I believe is only because of the very poor service I've had from them, not the fact I am disputing the fee.
That said, I still think that if they thought they were well within their rights to charge a fee they wouldn't have backed down at all and stuck with their original fee.

rogerdodger007

>> She's also said if that isn't acceptable to contact their solicitor quoting a reference. She hopes this is acceptable and that she will revert back to me upon her return. [brizzo]

Why not ask the EA for the reference and their solicitor details, then pass those details onto your solicitors and tell them it's up to them to sort this issue out as they caused it. :-)

That said, from reading this chain, I'm still not sure how your solicitor was able to inform the EA of the sale as they wouldn't know which EA to inform. Unless of course, you wrote it on the from when you appointed your solicitors?