We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Foul Play/case for legal action
Comments
-
lincroft1710 wrote: »But TW now became EA's client and probably agreed to pay EA's standard commission of 1%. Knowing they would get their full commission, EA decided not to bill you, especially as they were not successful in finding a buyer for you.
Did not decide, indeed! Out of teh goodness of their hearts. You crack me up.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Did not decide, indeed! Out of teh goodness of their hearts.
The EA has got his commission from TW. Badaz has never received a bill from EA even though his contract ended long ago, as it certainly wasn't in existence on 31 Aug when TW sold to Mrs X.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
lincroft1710 wrote: »The EA has got his commission from TW. Badaz has never received a bill from EA even though his contract ended long ago, as it certainly wasn't in existence on 31 Aug when TW sold to Mrs X.
He wasn't billed by the EA because the EA did not fulfil their contract obligations to him!
EDIT: It's proof that the EAs thought their contractual obligations had ended, but not that they had actually ended.No reliance should be placed on the above! Absolutely none, do you hear?0 -
You are right but there are too many grey areas here for my liking.
In theory if my EA took that because I accepted the offer outside of my contract with them, that the contract would end, why did they not bill me for all the marketing and leg work to date as they would be entitled to as per the terms of business. After all TW said I would be responsible for any fees to date.....
They didn't bill you because they had no grounds to do so. You didn't sell to a buyer introduced by them and they couldn't fabricate a reason to justify TW being a buyer introduced by them. They accepted that they had lost your fees with good grace on the basis that they would be picking up fees from TW anyway. I would put money on the EA fighting harder to get you a sale if TW were going to market the property through another EA after you entered into the PX agreement.0 -
Another way to look at it...if TW had introduced a buyer and I had kicked TW to the curb and pursued that buyer independently, per the px agreement I would owe TW 3% of the total sale.
Now TW sold to a buyer that was introduced by my EA when acting solely on my behalf, in theory I could demand 3% of the sale too.0 -
But you did not introduce the buyer! The EA did.
How on earth are you claiming 3%? You couldn't sell your property so decided to p/x it to TW. TW disposed of it and you got the agreed £140K for it. How can you claim that you introduced the buyer? Do you have a contract with TW or the EA saying THEY owe you 3% if THEY sell your house?!Everyone is entitled to my opinion!0 -
No I don't have a contract saying they would owe me 3% just like I don't have a contract saying my dealings would end. Nor do I have a written letter saying my contract had ended.
Sorry I'm just being awkward now, I don't think you really understand my general complaint as everything you have written has been in the EA's/TW's defence.0 -
No I don't have a contract saying they would owe me 3% just like I don't have a contract saying my dealings would end. Nor do I have a written letter saying my contract had ended.
Sorry I'm just being awkward now, I don't think you really understand my general complaint as everything you have written has been in the EA's/TW's defence.
You should stop endlessly debating it here. If you aren't going to a lawyer, you need to put a formal complaint in to the EAs, exhaust their dispute resolution procedure, then complain to the EA ombudsman.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Mrs X comes in before completion/EOC and offers £140,000, offer is accepted not by us but by TW. TW had an accepted offer with us at £140,000, we had every right to negotiate with her to get her to pay more than £140,000 end of the day it was still our property and it wouldn't matter to TW as it gets them off the hook anyway.
Why would Mrs X pay more than £140,000? You agreed that TW could market your property for that sum which they duly did.0 -
The PX offer was just that, an offer. If a better one came in before EOC then it could be considered, TW confirmed this would be the case, EA confirmed our instruction via telephone call to still try and achieve a better deal for us. On the surface the offer from Mrs X wasn't passed on as it did not represent a better offer to us. Her offer was £140,000 TW's offer was £140,000. However the EA still had a duty to us and suggested this in their first letter of response, which I cannot disclose the exact wording of for obvious reasons. They were aware of the conditions that came with the builders offer which again they admit, so they would have been aware that we would potentially be in a stronger position with the builders selling to Mrs X directly.
I know how we negotiate with the builder is not the EA's concern.
This is what I believe to have happened and I'll leave it at that:
EA has contract with me, TW make an offer it's accepted and referred back through the EA. EA confirm the offer via telephone call. At this point the EA would normally proceed to make the sale to TW and I would pay them their 1%. My agreement with TW as part of the deal was they would pay the 1% for me. BUT the sale could not go through immediately as completion was not for another 3 months+ so the property remained on the market. AT NO POINT EITHER IN THE PX OR THROUGH CONTACT WITH THE EA DID I HAVE ANY IDEA THAT THE ADVERT WOULD BE REDUCED IN PRICE FOR THE NEXT 3 MONTHS IMMEDIATELY FOLLOWING ACCEPTANCE! I ACCEPTED £140,000 AND ACCEPTED THE PROPERTY WOULD BE MARKETED WITH THE SAME EA BUT AS THEIR OFFER WAS NOT BINDING DUE TO EOC NOT YET TAKING PLACE ANYTHING COULD CHANGE AND THE BALL WAS STILL IN MY COURT.
TW and EA set up a separate contract so that TW can market with them, I was not requested to do so and didn't end my contract with the EA.
TW receive an offer from interested party before EOC and accept the offer. EA did not inform me of this change.
You have all seen the PX agreement which does not state the marketing at £140,000 will commence immediately following acceptance of the letter. TW made us an offer of £140,000, completion of new build was not for another 3 months so EOC had not yet taken place. EA have confirmed to me they thought £140,000 was very low and believed it to be worth more than that. The events to follow with the property advertisement dropping suddenly to £140,000 were detrimental to us achieving a better price in the meantime before completion and it is a combination of failures by the EA and TW.
It's simple if someone viewed your house and made you an offer subject to you leaving your ferrari on the drive after you move what would you do? if you were desperate like us you would accept the offer, if in the meantime before you can actually complete your new purchase someone offered the same amount but didn't want the ferrari, you would have a better offer and would be entitled to pursue that. That is all I am saying.
2 offers of identical value were in acceptance at the same time, on the same property under two separate contracts with the same EA all before EOC and you tell me that there was no conflict of interest and I did not have a legal right to know? please....0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards