Estate agent demanding fee even though they did not sell my property.(no sale no fee)

g0atee

I was in a 'multi-agency' agreement with 2 estate agents to sell my property. This was a 'winner takes all' agreement where the estate agent who introduced the final purchaser would be paid the fee and the other estate agent would not be paid. This was put in writing and signed by both estate agents.

Basically the estate agent who did NOT introduce the person who purchased my property has sent me a final demand for fees with 7 days notice of proceedings! Four months after we moved...!

What can I do??:mad:

alanobrien

If you signed a contract to that effect ignore the threats but do go to court and claim expenses from them for wasting your time. Make sure you have a copy of the contract you signed though.

virgo149

Get your solicitor to send them a letter containing a copy of your signed agreement (signed for post), confirming the agents who completed your sale and requesting no further contact on this matter.

You never know it just might be another one of those admin messes and the left hand not knowing what the right is doing.

Mainly, though, don't panic - if you have the paperwork you will be fine.

Vickicb

Out of interest, who was it?

wobbley

It's obviously an administrative error as estate agents are professionals and honest to the core. Were the letter from another trade /profession one would think they were trying it on, but this could not possibly be the case.

lynzpower

:rolleyes:

g0atee

Thanks everyone for your help and advice here! - its most appreciated:A

I'm not sure if I should say who it is however they are part of a countrywide chain of estate agents...

LizzieandThomas

The ea will do this if they believe they introduced the buyer?
for instance if someone arranged a viewing via agent a, then a 2nd viewing through agent b and offered through b , a would be able to claim them as there buyer - is there any chance this happened ?

g0atee

LizzieandThomas wrote:

The ea will do this if they believe they introduced the buyer?
for instance if someone arranged a viewing via agent a, then a 2nd viewing through agent b and offered through b , a would be able to claim them as there buyer - is there any chance this happened ?

Lizze & Thomas - this is a fair question! We have investigated this and this is not the case. The purchasers also confirmed this at the time...

courtjester

It is essentially a matter of contract - if the terms are as clear as you say and both agents signed the agreement, then it is probably a case for the claimant agent to be seeing the other agent in court, not you, if they consider they have a case ...

If agent 1 considers that they have introduced the people who have bought your property, it is up to them to prove this and produce the documentation to support their claim. Agent 2 would then be obliged to refund the fee you paid them for non-performance and deception !

Knowing the group in question, this is typical of their approach to clients.