Are estate agent fees still due, if you P/x with a developer instead

PXbuyer

Hi,

I was just wondering if you guys can offer any advice on the following:

I put my house for sale in Jan this year with a local estate agent, and to be honest their service has been pretty poor, also with the market as it is I have only had 3 viewings.

I have seen a nice flat and decided to sign up for a part exchange with a developer.

I contacted the estate agents to tell them i no longer require their services, and they told me they I still have to pay them, even though, they have not introduced the seller.

I have asked for them to produce the contract, where its says, i still have to pay even on a P?X but, am still waiting.

When checking the details I have got from them. it says they

are acting a sole agency for 16 weeks (which expired 4 months ago) and fees would be applicable if they introduced a seller, which they havent.

I suppose my questions are:

1. are the due any fees for this
2. if not fees, should I have to pay anything to them say for advertising etc

I have a list of complaints about them prior to this, so have felt they have not earnt anything in respect to actively selling my property.

Your views would be appreciated

Quirky6000

I'm currently 2/3 weeks from completing a part exchange and the developers have taken over my contract with the EA so any fees due will not be paid by me.

From what you've said though, it doesn't sound like there's any fees to pay.

PXbuyer

Thats what I phoned up to telll them. They said they would email the contract and get someone to phone me reagrding this ....I am still waiting.

As the 16 week period is over and they didnt introduce the seller, i was wondering why they feel they are owed.

I am expecting them to say that, I owe them some money for marketingm sales board, they did say that I could have a discount, if the developer markets with them, to which I said I am unanable to influcence that decision.

I am still waiting for them to tell me how much and how much discount they would offer.

Possibly they should pay me - if I get the developer to use them- as I have found them a client

Cissi

bullau wrote: »

Tou may have shot yourself in the foot by spilling your guts about finding somewhere while they are still your sole agent.

The 16 week period is over, have you terminated your agreement with them? if not do that right now.

As I read it, OP didn't find somewhere while they were still his sole agent as that expired 4 months ago. He went on the market in January so the 16 weeks would have been up sometime in May.

OP, I don't think they have a leg to stand on. Do give them notice in writing immediately however, not mentioning the PX.

PXbuyer

Thanks,

I have only spoke to a one of the admin girls on the phone. And they sill havent bothered to respond to my requests for the contract or a phone call.

So I will just cancel it in writing and see what they say.

Personally I cant see, based on their terminology they have used in the letter, that they are entitled to any fees, as it states

1, A purchase introduced by us during the period of sole agency (expired), or with whom we had negotitions about the propertry.
2. A purchaser introduced by another agency during that period (again expired).

G_M

I have a list of complaints about them prior to this,....

Irrelevant. This is a seperate issue.

are acting a sole agency for 16 weeks (which expired 4 months ago)

You'll need to check the contract but generally the 16 weeks is a minimum period, and after that you are required to give written notice (of 2, or perhaps 4 weeks) to end the sole agency agreement.

Having said that, if it is a sole agency agreement, then they are only due their fee if they or another agency introduce a buyer.

If it were a sole selling agreement, they are due their fee wherever the buyer comes from. Only the contract you signed can clarify this, but I should simply ignore any invoice from them until they produce the contract you signed - not just a copy of a contract, but the one which physically bears your signature.