Estate agent sold my flat without a contract

nottsnovice

Hi,

Long time reader, but not needed advice before. An agent has been marketing my flat for a while (6 months or so), but I never actually signed a contract with them (they never offered me one, although they had informally discussed their 'standard' fees when I first spoke to them).

I've now had an offer through them from a buyer, which I have accepted. The contract issue hasn't come up yet but I'm guessing it will soon as the sale proceeds - where do I stand?

I not willing to pay the 'standard' fee (2%), and wouldn't have entered into a contract with this rate, but don't want to lose the buyer by !!!!ing off the agent.

What's my legal position (I'm hoping there's no 'implied' contract), and what would be a 'fair' rate for the agent (who has to be fair been very communicative and responsive throughout the process).

Notts

SuperBOB

I find it hard to believe you got this stage without asking them how much they charge?

googler

If you're not willing to pay their standard fee, why did you allow them to market your home for six months?

Did you verbally agree another rate?

brit1234

Normally I feel estate agents are a vile evil that stalks society. However in this case I actually feel sorry for them as you attempt to shaft them.

Doozergirl

If you don't want to pay their standard fee then it's generally a good idea to tell them that before they start work!

Of course there's an implied contract. They've been marketing your house and have now formally introduced a buyer.

I'm confused. Agreeing the price is the first thing you do before you let them in with a camera and tape measure.

MissMotivation

Whether or not you have a written contract with them or not is irrelevant. You have created an "implied contract" with them by allowing them to market your house for 6 months and find you a buyer. If you were not happy with paying the standard commisssion rate then you should not have instructed them to market your property.

GAH

Your agent has found you a buyer and offered you a good service. If you read a lot of other posts here a lot of sellers are desperate for a buyer and to get a good service from their agent, and would probably be quite happy to pay 2% in this market to secure a buyer.


At this stage, if you really want try and reduce the fee all you can do is have a conversation with them.

Admitidly they should have a written contract with you but you also should have asked them about their fee at the start as well.

RabbitMad

It will all depend what happened in that initial conversation. if it went like this

op "what do you charge"
EA " very little, just 2%+ vat but we are really wonderful and that barely keeps me in fags and booze"
op "I was not looking to pay more than 1%"
EA "I can't go that low but I'll ask my boss what we are willing to reduce our fee to. Now I'll just take a few photos and measure up so we can create the marketing gumph"

Then the OP might have a case.

But how did the agents come to be marketing the property. surely they produced some draft particulars for you to sign off and say were acurate?

G_M

I had the same thing.

I wanted a new house built on some land in my garden, so asked a builder round. We informally discussed a price.

Next day he started work and over the following 6 months built me a house. I never signed a contract though.

When he sent me his bill, naturally I refused o pay as I did not want to pay that much.

Gwhiz

G_M wrote: »

I had the same thing.

I wanted a new house built on some land in my garden, so asked a builder round. We informally discussed a price.

Next day he started work and over the following 6 months built me a house. I never signed a contract though.

When he sent me his bill, naturally I refused o pay as I did not want to pay that much.

If I did not know better I'd call BS on that.

How can people enter into such important arrangements without signed contracts? Madness!!!

G_M

Gwhiz wrote: »

If I did not know better I'd call BS on that.

How can people enter into such important arrangements without signed contracts? Madness!!!

Oh dear! Ohhhhh.... my sides. Stoooooopppppp! Laughing too much..... can't go on..... must....stopp ... laughi....:rotfl: