Estate agent fees? are we getting ripped off?

rosysparkle

Is there a page missing from those terms of business? It's most unusual not to see a cancellation clause, a personal interest disclosure clause or a specification of the length of the contract.

AceCobra

rosysparkle wrote: »

Is there a page missing from those terms of business? It's most unusual not to see a cancellation clause, a personal interest disclosure clause or a specification of the length of the contract.

If there is the agent didn't leave it with me. I assume not though as he wen't through the forms and would have noticed if one was missing.

Martin.

t_hamill

I'm no expert but the houses I've sold in the past (northern ireland as well) have both been subject to £150 non refundable advertising fees. However I was asked for it in advance, I'm surprised you weren't. Did they advertise on their own website. Only my opinion but if they had your house on their website, a board up and brochures made I think you should pay. If not, can't really comment too much but for an easy life if you intend to use them in the future it may be possible to negotiate no advertising fees next time around.

AceCobra

t_hamill wrote: »

I'm no expert but the houses I've sold in the past (northern ireland as well) have both been subject to £150 non refundable advertising fees. However I was asked for it in advance, I'm surprised you weren't. Did they advertise on their own website. Only my opinion but if they had your house on their website, a board up and brochures made I think you should pay. If not, can't really comment too much but for an easy life if you intend to use them in the future it may be possible to negotiate no advertising fees next time around.

The property wasn't advertised on their or the propertynews website. The board, brochure in window etc where done but unless I'm missing something according to the terms of bussiness those are part of their professinal fee.
I'll wait and see what the breakdown states.

Martin.

nobblyned

I can't see how they can charge you for advertising.

From the contract it looks like they specified two types of advertising they could charge you for:
1. that in the property news paper and website
2. Other expenses occurred in advertising

You didn't choose any of the options for (1) and you say they didn't advertise in either of these places.
As for (2) the contract specifies that this won't be taken out with prior written approval from you which I assume you didn't give.

They may of course have a £150 fee somewhere in the rest of the contract (if you don't have all the pages) for removal from market. But i don't see how they can charge you specifically for advertising based on what you have posted.

AceCobra

Well I got the breakdown today, if you can call it that.

Here is the letter asking for payment.

http://img465.imageshack.us/my.php?image=terms4ha0.jpg

And here is the breakdown.

http://img183.imageshack.us/my.php?image=terms5vm0.jpg

Brochures
Window display
For sale board Are all listed in the professinal fees so am I to beleive that;
Telephone calls
Admin charges
Postage
Emails

Cost £150 which arn't even linked to advertising? I think they are trying it on?

Advice welcome

Martin.

Doozergirl

You bet they're trying it on. I particularly like the way that their demand letter states the charge being agreed in the Terms of Business... which mentions nothing of the sort. A pretty basic error...

The 'breakdown' is of course nothing but a ridiculous list with no breakdown whatsoever. and is in my view a pile of pants. If I could even be bothered to entertain them, I know exactly what I'd say to them in no uncertain terms, but if we're being polite...

I'd write to them, quoting their letter which says "as agreed in our Terms of Business". I'd also enclose a copy of the Terms of Business they gave to you and ask them to highlight exactly where this charge is mentioned and agreed to.

Are they members of the NAEA or the OEA? You might like to send them a copy too!

rosysparkle

I still think there is a page missing from those terms of business that you have. I don't think they will be able to enforce the charge, though.

littlejaffa

have you thought about not removing if from the market but putting it on hold? then you don't have to pay fee's now or worry about a bad relationship with the agents you plan to use in the future?

it seems to be quite common where i am, i've tried to view a few houses that are on hold because...the house is being cleared/redecorated/owners on holiday for 3months etc etc et....it doesn't cost them anything to 'hold' a property cause it's not being advertised etc...they can take their board down if they want, and there promised the busienss when you do put it back on the market so will probably agree.

might be worth asking

AceCobra

I'm certain those are the correct complete terms of business, I've seen another copy from someone who has used this agent.

When I rang to take it off the market I explained we wanted to wait until the end of the year to sell it, I would have thought if they could put it on hold they would have suggested this. Maybe I will ring and enquire about this as I can't see it being a problem if it’s not advertised.

Either way I'm not paying the £150 and in fact if they remain insistent I’ll remarket with someone else.

Martin.