Has anyone been taken to small claims court by an estate agent?

Joy123

After the estate agent not having found a buyer, I am selling my house to a friend who, although, on their mailing list, had not been sent details of it and did not know mine was on the market until I told her. I showed her round, we negotiated, and the house is sold to her subject to contract.

The estate agent has sole agency, not sole selling rights.

The estate agent is insisting that my friend had been told about it and, in quite an aggressive manner, is insisting that it is entitled to its commission. I have, as a gesture of goodwill, offered to be responsible for half its commission. But it has refused my offer.

I cannot prove one way or another. But I know who I believe.

googler

google for Foxtons, or search in this forum, along with keywords like 'introduced buyer'

There was a recent case where a judge ruled that the agent should prove not only that the buyer was on their list, but that they actually introduced the buyer to the SALE, not just the property......

On that basis, your agent may be on shaky ground.....

SouthCoast

What happens if you are taken to court for money you owe

http://www.adviceguide.org.uk/index/d_what_happens_if_you_are_taken_to_court_for_money_you_owe.pdf

new_home_owner_3

I think they have to prove they introduced the buyer, if the buyer says they had nothing from the estate agent to do with the house , i dont think the estate agent has a leg to stand on unless they send their mail shots recorded delivery.

g_attrill

In addition to the above, your friend could swear under oath that she had never been told about the house by the agent, and the agent would need to do likewise to say that she had. Also as mentioned unless the agent could prove how then I would think you would have the better case.

I just dug out the case mentioned above, it's quite an easy read:

http://www.bailii.org/ew/cases/EWCA/Civ/2008/419.html

Joy123

Thank you for your helpful replies.