Query on EA fees

Princess_Jane

Hello,

my friend - who isn't on MSE - has just sold her house to a housing development company in part ex for a new property.

She did have the property on the market with an EA for a year, 12 viewings, no sale.

Eventually she arranged the sale to the development company herself after spotting a new estate she liked the look of.

When she contacted her EA they said she would be receiving a bill from them for £2k.

She asked for a copy of her contract with them to check this out and they refused.

(lost her copy, which isn't very sensible on her part)

I've never bought or sold a house, so have no opinions on whether this is right or wrong, but offered to help her out by asking you helpful people.

Jane

zone

Did she sell her property privately before the contract had expired and did the EA have sole selling rights?

SavingSteve

EAs are getting desperate. UNLESS there is some very strange wording in the contract (i.e. non standard) they don't have a leg to stand on.

To request a copy fo the contract is reasonable, so your friend would never be forced by a court or otherwise until a copy has been produced.

Any reasonable judge would see that the EA is chancing it.

I would suggest complaining to the EA in writing, and then to the national EA people (forget their name).

They will send the bill as an attempt to make a 'free' £2k, which they have not earned.

chickmug

Princess_Jane wrote: »

Hello,

my friend - who isn't on MSE - has just sold her house to a housing development company in part ex for a new property.

She did have the property on the market with an EA for a year, 12 viewings, no sale.

Eventually she arranged the sale to the development company herself after spotting a new estate she liked the look of.

When she contacted her EA they said she would be receiving a bill from them for £2k.

She asked for a copy of her contract with them to check this out and they refused.

(lost her copy, which isn't very sensible on her part)

I've never bought or sold a house, so have no opinions on whether this is right or wrong, but offered to help her out by asking you helpful people.

Jane

I am appalled that they refuse to supply a copy of the contract which makes me suspcious about its contents. If your friend agreed Sole Selling Rights and never cancelled in writing by the time she agreed a sale she is still probably responsible for agents fees. You will hear others say not responsible because of the Foxtons case but I know agents with SSR terms who have been to small claims court and won.

Princess_Jane

Thanks all.

I'll ask her about Sole Selling Rights and whether the contract has expired.

She feels they are trying it but is nervous about calling their bluff.

I say demand a copy of the contract and wait for court summons, but easier to be laid back when not your £2k.

chickmug

Princess_Jane wrote: »

Thanks all.

I'll ask her about Sole Selling Rights and whether the contract has expired.

She feels they are trying it but is nervous about calling their bluff.

I say demand a copy of the contract and wait for court summons, but easier to be laid back when not your £2k.

Again another case where a trip to the CAB (Citizens Advice Bureau) may well be useful

QTPie

Can you friend ask her solicitor for advice and to obtain a copy of the contract on her behalf?

Usually estate agent's fees are dealt with/paid by the solicitor (straight out of the proceeds of the house sale) when the sale completes... So it is very reasonable for the solicitor to ask for a copy of the contract to sort it out.

Good luck and let us know how it goes...
QT

Princess_Jane

She received a copy of the contract in the post this morning.

EA has sole selling rights and they told her if she takes her house off the market, they'll 'trace' it and if she later sells it to this builder she is still liable for the £2k charge.

This has really opened my eyes to what can happen when selling a house..now I just need someone to give me a mortgage...ho hum

QTPie

Princess_Jane wrote: »

EA has sole selling rights and they told her if she takes her house off the market, they'll 'trace' it and if she later sells it to this builder she is still liable for the £2k charge.

That was in the original contract? The copy she has back was signed by her (i.e. has her signature on it)?

Boo

Princess_Jane

'fraid so.