CONNING CONNELLS (withdrawal fee) see other thread

maryanne209

I am absolutely livid after posting earlier in reply to teenytiny about Connells withdrawal fee. Its ruining my New Years Eve. I remember clearly asking Connells estate agent about the No Sale No fee and he definitely said after 12 weeks, there is no sale no fee. Surely they are in breach of contract by telling you that, when they have put in an extra clause on their back page of agreement. Also he specifically told us if you change your mind within 7 days there is no fee. Now I find there is also a payment if you decide to change your mind. This cannot be right if they do not tell you all the details correctly. Does anyone else have any experience of other EA doing this or is it just Conning Connells. I think Martin should look into this as it is not only affecting Teenytiny and myself but many thousands of others. Please post if you are in this position yourselves.

HellsGranny

I think it seems misleading, talk to your solicitor and see what he says, he might be able to get your fees cancelled/refunded.

EAs, like anyone else, will try it on unless challenged.

Cheers, HG

mystic_trev

maryanne209 wrote: »

I think Martin should look into this as it is not only affecting Teenytiny and myself but many thousands of others. Please post if you are in this position yourselves.

No he won't, he's got bigger fish to fry :rolleyes: In future I suggest you read Contracts before signing them. Horse, stable door and bolted, springs to mind, and it's not affecting thousands, just a few like you!

pinkshoes

mystic_trev wrote: »

No he won't, he's got bigger fish to fry :rolleyes: In future I suggest you read Contracts before signing them. Horse, stable door and bolted, springs to mind, and it's not affecting thousands, just a few like you!

If they were specifically told there was no fee, then that also counts, so the contract is contradicted. They should honour what they originally told them.

I got a car company on this exact same thing, as I was told there was no fee to cancel the finance deal (I asked several times, and my dad witnessed them telling me), yet when I came to cancel a month later (didn't need it), I had a whopping great big charge, and there hidden in the small print was the blurb about fees. I complained that it was as unfair T&C as I was specifically told no fees, and they cancelled them.

boomerangs

maryanne209 wrote: »

I am absolutely livid after posting earlier in reply to teenytiny about Connells withdrawal fee. Its ruining my New Years Eve. I remember clearly asking Connells estate agent about the No Sale No fee and he definitely said after 12 weeks, there is no sale no fee. Surely they are in breach of contract by telling you that, when they have put in an extra clause on their back page of agreement. Also he specifically told us if you change your mind within 7 days there is no fee. Now I find there is also a payment if you decide to change your mind. This cannot be right if they do not tell you all the details correctly. Does anyone else have any experience of other EA doing this or is it just Conning Connells. I think Martin should look into this as it is not only affecting Teenytiny and myself but many thousands of others. Please post if you are in this position yourselves.

How do you know an estate agent is lying? His or her lips move.

property.advert

Pre contractual negotiations can form part of the contract but in reality, those conversations never happened. The proof is in the contract which presumably you signed. If you didn't understand it, then you should have sought advice from someone who does.

You wanted something for nothing, were not prepared to look into it enough and now find yourself hit with clauses and penalties which presumably were there in front of you in black and white. You didn't want to pay for legal advice to explain the contract to you and now you complain.

I feel for you but did Mama and Papa never tell you that something that looks too good to be true usually is ?

LisaLou1982

What fees are you being charged for?
If its HIP then theyre well within their rights to charge you for that
if its marketing costs that werent pre arrranged then they shouldnt be charging for those

tinyteeny

Hi Maryanne

I am so sorry this was ruining your NYE. I hope you managed to enjoy yourself.

People are right in that I should have read the contract before signing but considering I wasn't shown the relevant page or advised to read it until after I signed I cannot help but feel a little 'conned' by them myself. Next time I have to sign a contract I will know to check all pages front and back and go through things with a fine tooth comb before signing.

My current EA's contract is set out in a much more transparent way and all the details are on the page that you sign.

I have decided to carry on with my complaint - I have nothing to lose except time and I am curious as to what the TPO code actually meant with regard to withdrawal fees being explained.

I will keep you updated with how it goes if you like?

Happy New Year to you and good luck with the sale of your house.

clutton_2

if you felt so strongly why did you pay it ?

tinyteeny

I do feel strongly about it and wasn't going to pay until my complaint had been resolved. However the invoice gives you two weeks to pay and after that they add interest at 3% above Barclays base rate per day and also threaten court action. I don't like having things like that hanging over me.

Payment of fees has been on a without prejudice basis pending the outcome of the investigation.

adg1

maryanne209 wrote: »

I remember clearly asking Connells estate agent about the No Sale No fee and he definitely said after 12 weeks, there is no sale no fee.

Are you sure they simply didn't misunderstand the question you posed?

Did you ask about 'No Sale/No Fee'?, as you say above, or explicitly about a 'Withdrawal from contract fee'? 'No Sale/No Fee' is a completely different kettle o' fish as its to do with selling your house/applicant introductions etc, not breaking a signed agreement.

This fee appears to be for withdrawal from the contract you signed.

I can understand its a bad experience you've had with Connells, but I'm sure you will read things more closely in the future and ask more explicit questions.