Estate Agent Help please court action!

alm721

Yes I thought that but the purchaser did not view the property at all until about 2 weeks before exchange of contracts which was a couple of months after the contract end and the way I'm reading it is that the purchaser should have 'viewed' during the period they had selling rights for,for thr fee to be payable, iyswim

chickmug

alm721 wrote: »

Yes I thought that but the purchaser did not view the property at all until about 2 weeks before exchange of contracts which was a couple of months after the contract end and the way I'm reading it is that the purchaser should have 'viewed' during the period they had selling rights for,for thr fee to be payable, iyswim

So are you saying the purchaser went from 'agree to buy' (in other words solicitors instructed) to exchange within two weeks which is much much quicker than is the normal?

So contract ended 13th July 2009.

So what date was the sale agreed?

And what date were contracts exchanged?

alm721

purchaser decided to part ex without viewing, viewing was done approx 2 weeks before exchange which was a couple of months after end of contract and several weeks after agreeing to part ex.

contract ended 13th July yes.

contacts exchanged towards end of Sept,

Thanks

chickmug

alm721 wrote: »

purchaser decided to part ex without viewing, viewing was done approx 2 weeks before exchange which was a couple of months after end of contract and several weeks after agreeing to part ex.

contract ended 13th July yes.

contacts exchanged towards end of Sept,

Thanks

You contradict yourself saying without viewing then viewed???

In my 15/9 post I quote a bit from the NAEA Codes but it is not totally clear as often their Codes are not.

So in your place I would do one, or all, of the following.

1) Ask the solicitor that did the conveyancing and I would of thought from the point of view of goodwill they can give you their thoughts free of charge. However it is not the type of problem that a day to day conveyancer might know the answer. In my case I used differing solicitors for differing reasons. On contracts I used a contract law specialist.

2) Call the NAEA and ask them their opinion.
http://www.naea.co.uk/contact/default.aspx

3) Call Consumer Direct
http://www.consumerdirect.gov.uk/

4)

CAB may be worth a try
http://www.citizensadvice.org.uk/contact_us.htm

You need to do more homework as even me who should know more than some feel it is a bit woolly. Many EA's are ***** and will try anything to extract ££££ from people.

princeofpounds

There has been a recent case precedent set, and I'm sorry I forget the names but it was well publicised so a google might uncover it, where an agent was required to have actually DONE something to introduce some one to a sale, not just been the agent at the time.

That could be as simple as seeing the sign however.

If your PXer has never had any contact with the agent, and you can prove that they were involved long before the agent had anything to do with the property, I think the agent will find it hard to build a case. I haven't read your case in detail so this is just a superficial opinion.

When leaving EAs, you should always ask for a list of customers they believe they have introduced, so they cannot come back and claim for other customers.

It might be worth asking the agent to tell you in writing how they believed they introduced the eventual vendor.

DVardysShadow

chickmug wrote: »

You contradict yourself saying without viewing then viewed???

As i read it, the decision to PX [or at least explore it] was made without a viewing - then the viewing took place.

chickmug

DVardysShadow wrote: »

As i read it, the decision to PX [or at least explore it] was made without a viewing - then the viewing took place.

The OP's post are not that easy to read or I may be getting old and senile:D

RabbitMad

As far as I can tell there are 2 specific issues here
1. Does the OP's sister owe the money
2. Have the EA raised the case in the small calims court correctly.

1. can only be decided by a judge but I think not

2. It appears that the EA's particulars of claim are OP's sister didn't pay their fee when invoiced. Why the OPs sister didn't enter a defence saying "we don't owe this money" I don't know, or better still apply for the case to be struck out. However IIRC what happens next is that the EA and OPs sister will have to produce documents they wish to use in court about 3 weeks before the case and send that to the court and the other party.

When this happens the OPs sister should enter copies of the notice given to the EA, the house sale / part ex contract and also get the new owner to write a letter stating the date they first viewed the property with a view to part exchanging. These 3 items in my opinion should be enough for the judge to see that the OPs sis doesn't owe the cash.

Items that I wouldn't enter into court are the 2 letters sent and the contract, although I would have them handy incase the judge needs to see them.

alm721

chickmug wrote: »

You contradict yourself saying without viewing then viewed???

In my 15/9 post I quote a bit from the NAEA Codes but it is not totally clear as often their Codes are not.

So in your place I would do one, or all, of the following.

1) Ask the solicitor that did the conveyancing and I would of thought from the point of view of goodwill they can give you their thoughts free of charge. However it is not the type of problem that a day to day conveyancer might know the answer. In my case I used differing solicitors for differing reasons. On contracts I used a contract law specialist.

2) Call the NAEA and ask them their opinion.
http://www.naea.co.uk/contact/default.aspx

3) Call Consumer Direct
http://www.consumerdirect.gov.uk/

4)

CAB may be worth a try
http://www.citizensadvice.org.uk/contact_us.htm

You need to do more homework as even me who should know more than some feel it is a bit woolly. Many EA's are ***** and will try anything to extract ££££ from people.

Sorry, I have not made this clear. The sale was agreed without a viewing taking place. Furthur down the line a a week or two prior to exchange of contracts the buyer did then view the property if that makes sense.

Thank-you for the above advice, I'll look into all of those.

Regards

alm721

princeofpounds wrote: »

There has been a recent case precedent set, and I'm sorry I forget the names but it was well publicised so a google might uncover it, where an agent was required to have actually DONE something to introduce some one to a sale, not just been the agent at the time.

That could be as simple as seeing the sign however.

If your PXer has never had any contact with the agent, and you can prove that they were involved long before the agent had anything to do with the property, I think the agent will find it hard to build a case. I haven't read your case in detail so this is just a superficial opinion.


When leaving EAs, you should always ask for a list of customers they believe they have introduced, so they cannot come back and claim for other customers.

It might be worth asking the agent to tell you in writing how they believed they introduced the eventual vendor.

We can prove the part ex'r was aware of the house being for sale long before the EA was involved, I think it is the Foxtons case you are refereing to which I do intend to refer to if relevant, its just problematic in that they still have not said why they think their fee is due so its hard to work out if that case is relavant here. Thats a really good idea about asking the EA for a list of customers I will cetainly remember that if we ever sell (and will tell my sister the same) .
We have asked the agent in writing twice now why they feel the fee is due etc but they have not responded to either of our letter (which were sent recorded delivery)