Estate agent still wants fees despite collapse of move

allonewordnogaps

One week, and no reply from the EA. Not popping the champagne cork yet though....

mrcow

Thanks for keeping us posted

timmyt

allonewordnogaps wrote: »

Thanks...I'm quoting from the contract:
"Our fee will be 1.5% plus VAT at the time of completion....
.....the above fee is directly payable on completion of the above property , this should be dealt with by your chosen solicitor"

no no, read it again properly. it will say that if they find a ready willing and able purchaser...or something along those lines....well they did.

the angle out of it might be that exchnage must take place as a minimum

shame though, as they did the work you ask of them but you pulled out.

allonewordnogaps

thanks
I've read it umpteen times, and I can promise you that those words do not appear.
I agree - it's a shame, but life goes on, and contracts-are-contracts.
If I HAD signed to the clause you mention, then I would have to pay - end of. It looks as though that clause wasn't contained, and I may get a lucky escape from their fee.

The learning point for me, and perhaps for many, is that there are different types of EA contracts out there - read them carefully!

mrcow

Have you still heard nothing?

allonewordnogaps

yes - still no reply. it's looking like i signed up to a 'no sale no fee' contract with no small-print. more by luck than design i have to say. and yes - i do feel slightly sorry for the EA. But they are a massive concern, and i'm ...just me!

DVardysShadow

allonewordnogaps wrote: »

thanks
I've read it umpteen times, and I can promise you that those words do not appear.
I agree - it's a shame, but life goes on, and contracts-are-contracts.
If I HAD signed to the clause you mention, then I would have to pay - end of. It looks as though that clause wasn't contained, and I may get a lucky escape from their fee.

The learning point for me, and perhaps for many, is that there are different types of EA contracts out there - read them carefully!

Do take another quick scan through. The clause you quoted is purely about when money must be handed over [in your case at completion]. There may be another one lurking which defines the fulfilment of the EA contract. The clauses need not refer to the same time.

allonewordnogaps

They never got back to me. I assume this case is now closed. Woooop.

mrcow

Glad to hear that.

So you think they really were just trying it on? If so, that's terrible.

smartpicture

A similar thing happened to me some years back, they did have the 'ready, willing and able' clause in there though. However, I looked it up, can't remember where, it may have been some legislation but possibly just an Estate Agents code of conduct or something like that, that said that 'ready, willing and able' clauses were unethical and shouldn't be included. Presumably still legally binding, unless you could interpret things such that the purchaser wasn't as ready, willing and able as they had presented him.

I wrote back to the Estate Agent informing them of this and never heard from them again. I guess it's always worth arguing the point because they'll probably try this angle and get the money from some people, but it's not worth them pursuing it legally if you object.