Estate agent still wants fees despite collapse of move

DVardysShadow

allonewordnogaps wrote: »

Correct - it was a no sale no fee contract. However they argue that because a prospective buyer was found, WE are in breach of the contract.

The answer to your query lies within the contract and the onus is on the EA to justify his claim. You now need to write to the EA and ask them to quote the clause in the contract upon which they are relying. Put the ball firmly in their court.

They may ignore your letter. In which case, you have nothing more to do.
They may resort to phoning you, without proving that anything is due. Point them back to your original letter
They may write, citing an clause which does not apply or a clause which is not even in the contract. Write back and tell them it does not apply.
Or they may actually prove their case. In which case pay them.

It is important to deal with this in writing and to both keep copies of correspondence. A marriage breakup is often a good excuse to go after either or even both parties after a delay of months or even years.

Evilm

I agree that you need to post or scan the contract wording in.

I unless they have a back out clause then they shouldn't be able to do this though.

GDB2222

Or go see the local CAB.

DVardysShadow

Evilm wrote: »

I agree that you need to post or scan the contract wording in.

I unless they have a back out clause then they shouldn't be able to do this though.

Why should we do the work. Let the EA make his own case or slink away.

allonewordnogaps

thanks everyone - good advice from all. I have written to the EA placing the burden of proof onto them. I will let you know the outcome, and scan stuff in if it gets more involved.

QTPie

And get a different solicitor??? Surely you want ont who represents your best interests alone?

I am very sorry for the break up of your marriage

QT

DVardysShadow

QTPie wrote: »

And get a different solicitor??? Surely you want ont who represents your best interests alone?

No need for another solicitor as far as I can see. Not at this stage. If the Estate Agent comes up with a reason why the bill should be paid, it should be straightforward to see whether it is valid and pay or not accordingly

allonewordnogaps wrote: »

(our conveyancing solicitor has declined to advise us because he receives referrals from the estate agents, so he clearly has a conflict of interest).

This is perfectly correct advice. It is not that the solicitor does not care, it is that he would transgress Law Society rules if he did advise. Whether he advised that the EA should not be paid and a court said that they should or he advised that the EA should be paid, the prior relationship means that he cannot advise andall his advice would have to be regarded as tainted.

But no solicitor is required yet.

Charliezoo

Please can you keep us updated on how you get on with this? Its very useful information to other sellers, it certainly made me check my EA contract so thankyou for bringing this up.

Best of luck.

QTPie

oh no, I do sort of agree with you, BUT at any sensible break point it is WELL worth changing solicitor: I think that you always want one that is 100% independent and 100% acts in your best interest (never employ one with a potential conflict of interests....)

QT

DVardysShadow wrote: »

No need for another solicitor as far as I can see. Not at this stage. If the Estate Agent comes up with a reason why the bill should be paid, it should be straightforward to see whether it is valid and pay or not accordingly


This is perfectly correct advice. It is not that the solicitor does not care, it is that he would transgress Law Society rules if he did advise. Whether he advised that the EA should not be paid and a court said that they should or he advised that the EA should be paid, the prior relationship means that he cannot advise andall his advice would have to be regarded as tainted.

But no solicitor is required yet.

allonewordnogaps

Thanks again - YES - I will definitely keep you posted with the outcome.
So far 2 days have elapsed after I put the burden-of-proof onto the EA, and no reply to my email letter or phone call.

In reply to QTPie, I think I was naive to appoint the solicitor recommended to me by the EA, for the conveyancing, as they obviously pass him a lot of business, and he certainly doesn't want to ruffle any feathers now there's a dispute following the sale collapse. I would advise others to appoint a solicitor WITHOUT any ties to their EA, in case they need advice if there is a disagreement with the EA.