Withholding part of E.A fee...

j73

Has anyone any advice on withholding part of an E.A fee?
I am disgusted with the way I have been treated by mine! I have asked them their procedure on how to make a complaint (which I am going to be doing!).
I don't feel as though they deserve/earnt the fee I have agreement with them for, so I am considering withholding 1% whilst making the complaint with them.
Can they take me to court for the rest it, or will I have to get the TPO involved?

many thanks

silvercar

Your solicitor normally pays them out of the house sale funds. SO if you are serious about not paying in full you need to inform your solicitor that you are in dispute and to withhold some money.

googler

OK, we're assuming the EA has sold your house for you - as you asked him to do.

What exactly are your grounds for keeping back some of the fee? Who's the TPO ???

Archlever

Since you signed an agreement with them to pay them a certain percentage of the sale price, my suggestion would be to pay the amount and raise a complaint for compensation for whatever services you feel you did not recieve. If you did not pay as agreed the Estate Agent would have ground to pursue (or simply sue) for outstanding funds, which you will legally owe them. Not good for your credit history. I suggest you pay on time as well as complain - but am happy to stand corrected by others with more experience.

G_M

If the OP genuinely has cause for complaint (which we don't know) then witholding payment is an option.

The EA would then be forced to either
a) agree with the OP and negotiate a new fee based on the degree of the contractual failure or
b) sue the OP for their fee. The OP could then put in a counter-claim along with his defense.

However these things are usually better dealt with outside of court ie via the EA's complaints procedure, or failing this via their professional body (if any).

TPO? See here.

googler

Is there the possibility that by paying in part, you're tacitly acknowledging that the EA should be paid....?

googler

G_M wrote: »

TPO? See here.

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elise83_2

Unfortunately nowadays the fee you pay an EA is less for their "service" and more that you are buying access to their marketing network and contact list of potential buyers. If you read a standard contract objectively, that's essentially what it says, therefore just because their standard of "service" doesn't meet the standards you expected - ultimately if they did the job of finding you a buyer, the contract still stands as they completed their side of the deal and you have agreed in advance to compensate them for that (I know it hurts!)

I don't however know your situation and if you feel that the EA has not acted in your best interests as your agent, this is certainly something you should pursue. Tactically however, you would be in a far better position if you paid the fee first but made it clear that this in no way expresses your acceptance of their completing their side of the contract satisfactorily. Then take this to whatever third-party service can mediate and they will decide a) whether you are due any money back and b) how much. Taking matters into your own hands could cause you more problems in the long term and give your EA the tactical edge.

Sorry you are in this situation, my first EA was terrible and I had to wait 3 months to get rid of them because I stupidly tied myself into a 12 week sole agency period. Their service was absolutely terrible and I made this known to their head office in writing along with the info that my new agents found me a buyer in their first week on the job!!

j73

sorry not TPO meant TPOS

http://www.tpos.co.uk/


Thanks for your replies!

googler

TPOS - new name for OEA.

TPOS will only consider a complaint from you if the EA is a member, and only once you've exhausted the EA's own complaints procedure

G_M

googler wrote: »

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Sorry. Amended. and here.