Need to pull out of house sale

jockosjungle

Lots of places let you have pets, everyone I have ever had has let you have a pet as long as you pay a slightly larger deposit (£100, not sure if it was per pet). This was with countrywide so not a small agent

R

LandyAndy

Topbird wrote: »

Having read through the forum for most of the day, I understand that we *may* be liable to pay the estate agent fees based on if they had a 'willing and able purchaser' clause. However as I don't have a copy of the contract I am unable to see what it says in this instance.


TB

PasturesNew wrote: »

You will most likely have to pay the full fees of the EA (+VAT) if you pull out.

Any agent would have been mad to have not included it in their contract - and so I expect it is a standard clause.

I had this clause struck out of my contract and replaced with one that said fees were payable only after completion.

RabbitMad

PasturesNew wrote: »

You will most likely have to pay the full fees of the EA (+VAT) if you pull out.

Any agent would have been mad to have not included it in their contract - and so I expect it is a standard clause.

I disagree in the strongest possible way.

You will almost certainly NOT have to pay. Very few agents have such a clause in their contracts and those that do are considered dodgy (i think its against the T&C's of most EA professional bodies.

Any vendor would be mad to sign up to an agent that had such a clause plus how can you ever prove that the EA had found a buyer that was "willing and able"

Playing devil's advocate what would stop the agent getting a mate to offer low then invoicing the buyer as they found a purchaser who was willing and able and it was only the unreasonable vendor not accepting this offer that meant the sale didn't proceed?

Gwhiz

Is this a wind-up?

sharpee

As a Seller who has had their house on the market for a year now, I would say your mad to even consider pulling out of the sale. Buyers are very hard to find at the moment.

Go through with the sale and find rented accomadtion. There are lots of properties that allow pets but will ask for a larger deposit and to have the carpets professionally cleaned before you move out.

This will put you in a far better position for when you find your ideal house

G_M

RabbitMad wrote: »

I disagree in the strongest possible way.

You will almost certainly NOT have to pay. Very few agents have such a clause in their contracts and those that do are considered dodgy (i think its against the T&C's of most EA professional bodies.

Any vendor would be mad to sign up to an agent that had such a clause plus how can you ever prove that the EA had found a buyer that was "willing and able"

Playing devil's advocate what would stop the agent getting a mate to offer low then invoicing the buyer as they found a purchaser who was willing and able and it was only the unreasonable vendor not accepting this offer that meant the sale didn't proceed?

The point about the 'willing and able' clause is that it relates to the price required by the seller. IE if the seller has accepted an offer then the buyer is deemed to be willing and able to proceed at the seller's requred price. If the buyer pulls out, then he is no longer 'willing and able'. If the seller pulls out, but the buyer is still 'willing and able', then fees are payable.

If this mate just made a low offer which was not accepted by the seller, then clearly he is not 'willing and able' to proceed at the seller's required price.