Fees - House / shop not sold

steve1500

We put our house and shop up for sale a couple of years, we had only a few viewings, although we received one offer which we accepted, closed the shop, the agent in question told us the mortgage had been approved it transpired that the "buyer" didn't have the money, so we took the house and shop off the market. The agents in question were as much use as a chocolate fireguard

We have just received a whopping bill from the company for advertising etc, which we most cetainly can't afford

We never received any form of update from the company that we where running up a bill I assumed naively that it was like all estate agents no sale no fee.

As neither I nor my wife have any recollection of this being mentioned I have asked for the paperwork, yet to be produced

My fear is that somewhere hidden in the small print there will be some horrible clause.

Any adivce suggestions greatly received

googler

Ask them specifially for a copy of the contract which you signed, a copy of the terms and conditions which they showed you before you signed, and for copies of their invoices for any advertising that they placed in paid-for publications, and of your signed authority for them to take up the advertising at those rates.

Also ask them to itemise their account

When did you ask for the 'paperwork' as you put it?

Fire_Fox

Do you have a copy of the contract and did you read it before signing?

MissMotivation

Unless there is a clause within the contract that you signed, that specifically states that advertising costs must be paid should you come off the market, then they don't have a leg to stand on.

Where agents charge a seperate cost for advertising, the frequency of that advertising must be agreed by you in advance and the cost itemised.

If they are not forthcoming with the signed contract or you cannot find your signed copy, then I wouldn't worry.

The onus is on the agent to prove that you agreed to the amount, and cost, of the advertising.

steve1500

Sadly because it was so long ago it is now is the proverbial safe place. I remember reading some it, like the % they would take for selling the property. I wrote to them in the middle of last week and got my certificate of postage asking asking to see everything that I had signed, yet to receive a reply but have in the meantime had a reminder for the bill, saying they will add £50 admin if not paid in the next 14 days + 4% above base will be added as interest.

MissMotivation

steve1500 wrote: »

Sadly because it was so long ago it is now is the proverbial safe place. I remember reading some it, like the % they would take for selling the property. I wrote to them in the middle of last week and got my certificate of postage asking asking to see everything that I had signed, yet to receive a reply but have in the meantime had a reminder for the bill, saying they will add £50 admin if not paid in the next 14 days + 4% above base will be added as interest.

Call them and ask them to fax/email/post of copy of the contract. If they are unwilling to do this then IMO they are bluffing.

jamesperrett

In my experience it is normal for commercial agents to charge for advertising, whether or not a sale is made. Residential property agents don't normally charge for advertising - everything comes out of their commission. As there is a shop involved I would guess that you were using a commercial property agent.

Cheers

James.