Witholding EA Fees

totalguitar

As posted elsewhere i'm in the middle of moving. Our offers for selling and buying were both accepted in early January. All of our searches, surveys, mortgage etc are done but we still havent had a survey done on our house. I'm told a drive by valuation MAY have been done but no confirmation. I got upset with my EA last Wednesday and she agreed the service hadn't been good and said she would ring me every 2 days with an update but not a phone call since. On the basis that they are not keeping up their promises, can i withold or threaten to withold part of their fees? Would this show them i'm not prepared to be messed around or could it make things worse. They told us when we accepted the offer on our house that we would be looking at 6 weeks to move. This has now passed. I just don't think they are doing enough for their high fees.

claz

put your concerns in writing to the agent stating that if the issues you raise are not resolved then you will have to look at reducing their fees as they are not providing the service they promised

this will put the frightners on them a bit and i am sure then that they won't be able to move quick enough to get your house sold

Jorgan_2

OP, I wouldn't threaten to with hold a part of their fee just yet, it may wind them up & make them provide even less of a service (if possible) than they are now. Ask for a meeting with the negotiator who promised to keep in touch with you & the branch manager so that you can raise your concerns over both the service received so far & length of time it is taking to get the survey carried out.

You need to find out why the survey is taking so long to be arranged, 6 - 7 weeks seems to long, in my opinion. Find out when the mortgage application was submitted & why the survey hasn't been instructed.

Best of luck.

totalguitar

Was writing to them this afternoon when the phone rang. EA asking me if the survey had been done. I said they should know it hasn't been done. She rang the buyers solicitor who doesn't know (although all the searches are complete), she rang his EA who doesn't know and she is now awaiting a phone call from him. Not a mention of the lack of promised phone calls but she said she had been off work sick when i asked her. Lets see if her promised call on Monday materialises.

mandi

Total,
you say that you havent had the survey for your own home, this is down to your buyers mortgage lender ( I take it the are applying for a mortgage).. |Its up to their lender to instruct surveys, and if I so you cant really blame your agent for that.
I would suggest you contact your solicitor, who in turn can contact your buyers solicitor, and tell them to get a move on with the survey.. I feel as though there may be a slight problem here, with your buyers mortgage application.. could be down to delays with references from employers.. etc.. either way 6 weeks is a long time to wait.. so call your solicitor tommorrow.

Good Luck


Mandi

totalguitar

mandi wrote:

I would suggest you contact your solicitor, who in turn can contact your buyers solicitor, and tell them to get a move on with the survey.. I feel as though there may be a slight problem here, with your buyers mortgage application.. could be down to delays with references from employers.. etc.. either way 6 weeks is a long time to wait.. so call your solicitor tommorrow.

Thanks for that. The buyer is a cash buyer moving from a much larger house so no mortgage is involved. We are told all of the searches are done we just can't pin anyone down to say a survey has been done or will be done. I presume a cash buyer can decide himself if he wants a survey. I'm just getting annoyed at my EA making promises to ring me and never doing so. I guess i just need to be patient. It is difficult when your 7 weeks down the line and still have no moving date, especially when i need to give notice to work for time off.

Tahiti

Definitely arrange a meeting face to face with the negotiator/head of branch to discuss your concerns. I wouldn't threaten to withhold monies as the small print probably covers them and you'll just get their backs up.

As for the survey, the buyer could be a messer, or could simply like taking risks and not be having a survey done. Either way, your solicitor may know the latest.

Best of luck whatever happens!

mandi

totalguitar wrote:

Thanks for that. The buyer is a cash buyer moving from a much larger house so no mortgage is involved. We are told all of the searches are done we just can't pin anyone down to say a survey has been done or will be done. I presume a cash buyer can decide himself if he wants a survey. I'm just getting annoyed at my EA making promises to ring me and never doing so. I guess i just need to be patient. It is difficult when your 7 weeks down the line and still have no moving date, especially when i need to give notice to work for time off.

Hi,
your buyer is cash, so that changes a lot. Your right they dont need a survey if they dont want one, but I still think its mainly your solicitor at fault here . Again I feel you should contact him/her, and ask whats going on.. Dont talk to the secretary!!.. also contact your EA, and advise them that your unhappy with the situation, can they speak to your buyer, and ask if they plan a survey if so when??Tell them that you want a named negotiator, tocontact you every other day,with updates( even if there isnt any)
From experience I know that the vendors that shout the loudest get the best service.. Dont forget your paying them too work for you!!!

Jorgan_2

Total, your agent should know if the buyer is going to have a survey. Why are they ringing solicitors, buyers Ea when a quick call to the buyer would provide the answer you need? Whilst talking to the buyer, they can then ask why there has been a delay in getting the survey done (if they are having one). Although with your agent this may require them to make a second call once you have prompted them as to why this information wasn't obtained in the first call.