Can any legal experts offer me any advice re EA contract....?

WebGuru

They are a bunch of chancers.

They know they have no case, but will try it on. Worst case they could take you to court. You would settle before this.

They also know you can take them to the Omb.

I would use the same delaying tatics now.

googler

WebGuru wrote: »

They also know you can take them to the Omb.

The Ombudsman won't be interested unless the OP has gone through the EA's full complaints procedure without satisfaction. So unless the OP has made a formal complaint in writing, etc. ....... read the ombudsman's website.

moneybunny123

We have put a full list of complaints in writing, but it took us weeks and weeks for them to finally give us their complaints procedure (and numerous attempts at asking for it - all in writing). We already have a case number with the ombudsmen as we thought we'd reached a deadlock with the EA (i.e. them not replying to us for weeks)

moneybunny123

OK, so I went to meet one of the Directors of the EA firm who deals with complaints yesterday evening. He was rude, laughed when I told him I'd suffered from a stress related condition in the last few weeks due to all this hanging over us (completely true - I had medication from the doctor to prove it), contradicted himself, and insisted his contract had never lost yet in court.

He withdrew their 50% settlement offer and told me he'd see me in court.

Spent last night downing a couple of glasses of wine.

sonastin

moneybunny123 wrote: »

insisted his contract had never lost yet in court.

Quite possibly true - if it has never been tested in court!

From a legal perspective, it would be interesting to see how the courts choose to interpret this one. But from a personal perspective, you have to decide whether you want to be the test case. If I were in your shoes, especially given his attitude, I'd hold out. But it is easy to say that from behind a keyboard. You have to make the right decision for you. Don't give up until the Ombudsman has had his input though!

RabbitMad

moneybunny123 wrote: »

I emailed them telling them that I would either pay them 25% and that be an end to it, or I would take it to Ombudsmen and let them decide.

I wouldn't have done this I would have just sent a cheque for 25% of the fees in full and final settlement. If they cashed the cheque then you would know that would be an end of it.

If I was in your shoes (my feet would probably hurt) I would still do this.

moneybunny123

RabbitMad wrote: »

I wouldn't have done this I would have just sent a cheque for 25% of the fees in full and final settlement. If they cashed the cheque then you would know that would be an end of it.

Is this definite? Hmmm.... I doubt they'd cash the cheque, but it may be worth considering.

I think our only option is to let Ombudsmen decide. We already set the ball rolling, but I will write to them again today and see what happens.

The ambiguity in the contract is what worries me. The "if at any time...." bit. But this is then later contradicted by the "within 6 months" bit.

If only my best mate was a solicitor!! (and a mechanic, plumber, estate agent, plasterer, electrician.....for all those other expensive life emergencies!!:rotfl:)

RabbitMad

I'd write the letter something like this:


Without prejudice.

Dear estate agent,

Further to our meeting where you stated you were going to take this mater to court I re-itterate that I deny this debt and do not believe that I owe you a penny. However as I have previously said I am willing to settle to avoid court (as when it comes to Court and the legal process nothing is certain) and enclose a cheque for X in full and final settlement of (and then state commission due estateagents in sale of x house to Y).

I'd write In full and final settlement of ... on the back of the cheque too and then if they cash it ask the bank to return it to you (they might charge).


Then if the estate agent take it to court asking for the 75% you apply to have their case stuck out as an abuse of process or at least state in your defence that agent accepted amount of x in full and final settlement.

Clearlier

moneybunny123 wrote: »

OK, so I went to meet one of the Directors of the EA firm who deals with complaints yesterday evening. He was rude, laughed when I told him I'd suffered from a stress related condition in the last few weeks due to all this hanging over us (completely true - I had medication from the doctor to prove it), contradicted himself, and insisted his contract had never lost yet in court.

He withdrew their 50% settlement offer and told me he'd see me in court.

Spent last night downing a couple of glasses of wine.

I would suggest you avoid mentioning again the stress condition you have. I doubt that it's relevant to the resolution of your dispute and the EA is probably seeing that as a reason to ratchet up the pressure on you thinking that you'll cave in and just pay up.

This is a negotiation and it sounds like the EA is playing games with you. At the moment he has nothing to lose but potentially a fee to gain so he'll do whatever he thinks is most likely to get him that fee or a portion of it. I'll bet anything you like that he's hoping you'll come back to him offering 50%. Your counter-tactic is to follow through with the ombudsman. If the EA thinks that they have a case but not a strong one they'll try and settle with you. If they don't feel that they really have a case they'll push it all the way because in the end they have very little to lose. From the excerpts that you have posted of the contract he doesn't appear to have a leg to stand on legally but as others have pointed out nothing is certain in court or with the ombusdman. Also, I am not legally trained so you have to take my opinion with the proverbial pinch of salt.

It's probably not relevant legally but perhaps worth noting that your purchaser probably wouldn't have purchased the property if it hadn't been for sale with the agent. That's what the EA is trying to push you on. RabbitMad's idea seems like a good one to me especially if it is the legally binding end of the dispute.

Good luck!

WebGuru

Can an EA on this board give us their opinion on this case?

6 months is 6 months in my mind. If outside of 6 months then no commission.