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

moneybunny123

I would argue it lacks clarity (good try but poor analogy ) and for the sake of clarity to the consumer why not put in the 'sole' (hmmmmm to cause ambiguity!). So googler, fee?

saleda

If you go to Rightmove ---House prices ---- price comparison report ,you might find when your house was removed from Rightmove.

Personally,I'd give them nothing and would argue the case myself if it went to court.

moneybunny123

saleda wrote: »

If you go to Rightmove ---House prices ---- price comparison report ,you might find when your house was removed from Rightmove.

Personally,I'd give them nothing and would argue the case myself if it went to court.

Absolutely no need to do that. I have an email to them terminating our contract and giving them two weeks notice, as per their contract. The email is, of course, dated.

I see no disputing of the dates - only of the ambiguous wording of their very contradictory contract.

WebGuru

Why don't you go and see a solicitor and ask for an expert view?

Does it just come down to how you read the contract then?

I still think that this must be quite a common issue and that EA's on this board have seen this before.

moneybunny123

WebGuru wrote: »

Why don't you go and see a solicitor and ask for an expert view?

Does it just come down to how you read the contract then?

I still think that this must be quite a common issue and that EA's on this board have seen this before.

A friend who's a magistrate has said WE are in the right. A solicitor (albeit just a conveyancing solicitor) has said that they are clutching at straws and to ignore them! And a litigation solicitor giving 30 mins free time also said she'd be delighted to take on the case (if it ever got that far) as she also thinks the contract favours heavily on our side.

But none of this advice has been paid for (so far). To get a solicitor to fight the case would, I'm told, take about 4 or 5 hours at £180 an hour. Do the math. The EAs wanted around £1600 (at 50%), and £3200 if they wanted the full fee. Lose, and I lose a lot more than the £1600 I'm now starting to wish I'd paid - just to draw a line under this whole facade. BUT - I imagine that's exactly what they're hoping I'll do - and then they've won, in more ways than one. :mad:

BornAtTheRightTime

googler wrote: »

I read that as the (sole) agency will continue after the 12 weeks has elapsed. Don't you?

No I don't.

GDB2222

moneybunny123 wrote: »

A friend who's a magistrate has said WE are in the right. A solicitor (albeit just a conveyancing solicitor) has said that they are clutching at straws and to ignore them! And a litigation solicitor giving 30 mins free time also said she'd be delighted to take on the case (if it ever got that far) as she also thinks the contract favours heavily on our side.

But none of this advice has been paid for (so far). To get a solicitor to fight the case would, I'm told, take about 4 or 5 hours at £180 an hour. Do the math. The EAs wanted around £1600 (at 50%), and £3200 if they wanted the full fee. Lose, and I lose a lot more than the £1600 I'm now starting to wish I'd paid - just to draw a line under this whole facade. BUT - I imagine that's exactly what they're hoping I'll do - and then they've won, in more ways than one. :mad:

Ignore the JP, but the two solicitors' views should be helpful. You could always get one of them to help you draft your complaint to the ombudsman, and everyone knowing you have a solicitor on board should strengthen your hand in negotiations.

saleda

moneybunny123 wrote: »

A friend who's a magistrate has said WE are in the right. A solicitor (albeit just a conveyancing solicitor) has said that they are clutching at straws and to ignore them! And a litigation solicitor giving 30 mins free time also said she'd be delighted to take on the case (if it ever got that far) as she also thinks the contract favours heavily on our side.

But none of this advice has been paid for (so far). To get a solicitor to fight the case would, I'm told, take about 4 or 5 hours at £180 an hour. Do the math. The EAs wanted around £1600 (at 50%), and £3200 if they wanted the full fee. Lose, and I lose a lot more than the £1600 I'm now starting to wish I'd paid - just to draw a line under this whole facade. BUT - I imagine that's exactly what they're hoping I'll do - and then they've won, in more ways than one. :mad:

Don't let them bully you to give in.

It's not a complex case,there is no need for legal advice.

Plenty of time to come to an agreement after you've been given
a court date.

Let them jump that hurdle first.

DVardysShadow

moneybunny123 wrote: »

A friend who's a magistrate has said WE are in the right.

Magistrates believe the police for the facts of the case and are instructed in the law applying to the case by the clerk to the court.

So hardly a ringing endorsement of the sharpness of legal mind at your disposal there.

BornAtTheRightTime

moneybunny123 wrote: »

To get a solicitor to fight the case would, I'm told, take about 4 or 5 hours at £180 an hour. Do the math.

Surely the EA stands to incur similar costs if they progress the case to court? In which case I would happily read from their lack of quick action that they are actually unwilling to go further.