Estate Agent Nightmare

Sparkle78

I'll try to keep it short...

I used a well known estate agent to sell my house. I understand I signed the contract but the draw to them was the fact I didn't need to pay upfront for a Home Report.

My house was on the market (technically still is) for 1 year. I dealt with this pathetic woman who was part time and she phoned me twice in a whole year and I had received quite catty emails from her after I requested an update. She sent a max of 3 people to view, 2 of which didn't even want to live in the area!!

Eventually I was offered on my house after reducing it 3 times AND fully redecorating at a cost to myself. I said that the offer was too low so when the couple came to view, they offered me 2k more which sounded ok as I knew it was enough to pay my mortgage, loan, solicitor and I thought estate agent. I accepted due to living with noisy neighbours etc etc.

Now I find that the statement from the solicitor is under by roughly £1000 which is owed to the estate agent.

They are charging £1900. I am uttery disgusted because I see it as money for nothing! They knew my situation, they knew what I needed from the house and I feel that there was a complete lack of care for myself and their desperation to get a sale!

What can I do? I don't have this money, I don't even have enough for a place to rent at present plus, I don't even have money to hire a van to move...

If I now refuse the offer and pull out of the deal, I still own £800 to estate agent and solicitor fees and quite frankly, I'd rather take the offer, move and owe the estate agent!

00ec25

i find it hard to believe you stuck with the same EAfor 1 year if you felt they were so bad?
a typical tie in period with an EA is approx 3 months - so have you renewed your contract with them 4 times? No one to blame but yourself.

the contract sets out their fees, you have known from the start what they would be paid
if they introduced the buyer to you whilst the contract was in force then they are entitled to payment, the fact you did not understand how much they would get is not their problem, they got you the buyer even if it took 1 year to do so, during that year they had to pay costs to market the property - would you work for free for 1 year in the hope that you might get paid at the end of it, but with no guarantee that you would be paid at all?

Jonesya

What does your contract with the estate agent say?

If the estate agent has found you a buyer and are charging what you agreed in the contract then I don't see you have much of case.

myhouse_2

Hmm. People across the country are having to lower their prices to get a sale, and in many many cases it takes months/years to sell. In many cases, this is because the asking prices are higher than the market will support.
I'm not sure what you're complaining about :
Offer too low? is your asking price realistic? Don't accept the offer if you're not happy with it.
Took too long to sell? Perhaps you should have chased up your EA more and reduced your price quicker.
Not enough viewings - Perhaps you should have chased up your EA more. We all know there are very few buyers around at present so it shouldn't exactly be a surprise.
Fees too high? Why did you agree to them?
You were forced to decorate at your own expense? Sounds perfectly reasonable that you might have to do up your house to show it in it's best light.

Sparkle78

Yes I totally hold my head up and admit it is my own fault what has happened. I couldn't switch estate agents because I didn't have the £500+ to pay them for what they had already done and then go on to pay another £299 for a home report then £300 for upfront marketing for another estate agent to take the property over. I have been put on medication due to the stress and harrassment I have had to put up with by my neighbours and was desperate to get out but I thought I had enough on the offer to cover everything, I didn't correctly budget for nearly £2000, double what I thought, for the estate agent fees. Anyway, the problem now being and question being asked is... I do not have the money to pay them, what are my options... they can't have what I don't have and to be quite honest, the estate agents is a joke in what they have done, they are supposed to be "working for the client"!!

john_white

Well I suspect your solicitor won'texchange/complete if they are not in receipt of funds to cover all the bills. After all, it may be they don't get paid.

We had terrible neighbours once and it really did effect us too so I see your issue, but, to be perfectly honest complaining about the service after 1 year makes you look a little silly. If the neighbours are as bad as you say then you will just have to find the money from somewhere. We did, we lost many thousands getting away but it was worth it. good luck.

Sparkle78

The solicitor said that the sale can still go through even owing the estate agent as it is not a legal requirement for their fee to be taken off straight away. Apparently, what is going to happen is that the house sale goes through, there will be no money, the mortage is paid back, the loan is paid back, the solicitor gets his fees and the estate agents get approx £900 and then I have to owe the estate agent £1000 which the solicitor told me that I could put a payment plan in place and pay monthly as much as I can to pay them back. I have walked away with no money so it isn't like I am coming the mick, I literally don't have the money, don't have family to help and can't get a small loan to pay it as I am on a temp contract due to end in Aug hence the desperation to sell (apart from being on the brink of a nervous breakdown due to scum next door). All I was asking was for some advice.

john_white

Sparkle78 wrote: »

The solicitor said that the sale can still go through even owing the estate agent as it is not a legal requirement for their fee to be taken off straight away. Apparently, what is going to happen is that the house sale goes through, there will be no money, the mortage is paid back, the loan is paid back, the solicitor gets his fees and the estate agents get approx £900 and then I have to owe the estate agent £1000 which the solicitor told me that I could put a payment plan in place and pay monthly as much as I can to pay them back. I have walked away with no money so it isn't like I am coming the mick, I literally don't have the money, don't have family to help and can't get a small loan to pay it as I am on a temp contract due to end in Aug hence the desperation to sell (apart from being on the brink of a nervous breakdown due to scum next door). All I was asking was for some advice.

And you are getting advice.

If your solicitor is happy to complete this way then you really don't have a problem. Technically the EA could sue you but I suspect if you set up a reasonable pay plan it might be ok.

Whilst you may not like the service they have delivered they are getting you away from the scum next door. It may be more than you expected but really the advice so far has been sound, you are legally required to pay the bill on completion. If you were unhappy with the service you should have taken it up with the EA long before now. I'm no fan of EA's but they have found a buyer and you can get on with your life, for the sake of £1000 I'd be happy.

Sparkle78

I know £1000 isn't much to get away from next door however, looking at the bigger picture, I have lost roughly £15,000 from it all. I know I am legally bound to pay this but for the fact that I didn't get what I needed from the sale and the fact that I don't even have £1 in my pocket, I am worried sick about it. I am more than willing to pay this up, I just don't have it right now...