Estate Agent Charging Me for Moving Agent - HELP!

paulmcg

Hi

I put my house on the market a few months ago with a local estate agent. They charge £400 up front and £400 when they sell the property.

Since I paid them they have done nothing apart from putting the house on rightmove. We get no upates and have only had 3 viewings.

After the last one I called them for feedback, to which they replied "do you want us to call them do you?"

I then raised a concern to the director who said "if they wanted it they would call us."

In the current climate I need someone on the ball so decided to go with another agent as well.

They have now turned round to me and said that I have breached contract as there has not been 4 weeks notice and I have to pay the extra £400 whether they sell it or not?

I offered to cancel the new agent until 4 weeks have passed but they said tough basically.

What can I do please?

Extract from their website:

When is the second payment of £400.00 payable?

This is payable by your solicitor to us once you have completed on your house sale. This payment only applies upon the successful sale of your property and should you not move for any reason, you will owe us nothing.
Will I be "tied in" to xxx for a number of weeks/months?

Not at all. With Forefront there are no "Tie in" periods at all. You are free to use other property services at any time. We only ask for 4 weeks written notice to do so.

irishjohn

seems like they have got you - unless of course you decide not to sell the house

Wyndham

The extract is from their website, which doesn't form the contract. What does you actual signed paperwork from them say?

googler

According to the website, they should have left you a signed 'customer charter' when they signed you up. what does that say?

G_M

Read the contract you signed.

BlueAngelCV

I don't think that the fact that you haven't given them 4w notice means that the £400 becomes payable, particularly when you're agreeing to stop marketing with the other company.

I would cancel (put on hold) your contract with the other company, write to the original agents telling them you have done so, giving them 4w notice and saying that you will not be paying them the extra £400.00.

From the information provided it doesn't say that if you don't give 4w notice you will have to pay the £400.00 so I don't see that that has any relevance to the issue of payment.

SmlSave

It sounds like these are the same agents I am with. The contract clearly states that they need 4 weeks written notice. If during this notice period you market the property with another agent then all their fees become payable.

You should have read your contract

paulmcg

I did make them aware on the 4th of June of my intentions. I have only just met the new agent and made them aware my notice has not yet expired but I think they got their dates muddled. As I offered to get them to suspend the listing until the full notice I feel it is unreasonable to now say I have personally breeched the contract.