Withdrawal Fee's Thomas C Adams

spadge_2356

Hi All,

I have read previous posts in relation to this matter but I am still wondering how this affect me so I was hoping someone could offer some advice?

My background:
I have had my property on the market with Thomas C Adams estate agents since January this year. The EA suggested we drop to £75k OIRO (from £80k) and go into their "summer sale" which they asked for £70 extra charge in return for some guaranteed appointments for the day in question (failed misreably nobody turned up).

Its now July and they failed to sell my house, best offer was £73k. TCA we rude and unprofessional, they suggested clients to view our property even though it wasn't what they were looking for. They have also lied about what other properties in my street have sold for too.

My Situation:
I asked them to remove my property and I have been told to cough up £240 as a withdrawal fee. Sadly I don't think they have it on the market anymore so can't just raise the asking price to avoid the fee.

We had marketed with TCA before and withdrew without a fee last year.

My Options:
I rang their accounts and requested a copy of my contract, however I am livid! I don't think I should have to pay, especially since they have had £70 off me already and they STILL didn't deliver.

My question is, can I avoid this fee somehow? I have read that it is legal for them to lever this fee, but I have read some people here saying not to pay and other to just say something like £50 full and final settlement without prejudice etc.

Can anyone help please?

Kind Regards,
SPADGE_2356

eddddy

Hi Spadge

From a legal perspective, if the withdrawal fee was clearly stated in the contract you signed, I guess you have to pay it (assuming the EA met their contractual commitments).

Having said that, it looks like your EA may be a member of the Property Ombudsman Service. See http://www.tpos.co.uk/search-results.php?name=Thomas+C+Adams&city=&postcode=&submit=Search+Members

The POS Code of practice states that: "All fees and additional costs must be included in your Terms of Business. They must be fully explained, and clearly and unambiguously stated in writing." If you think that the EA failed to do this, I guess that you can complain to the ombudsman. The full code of practice is here: http://www.tpos.co.uk/downloads/Code%20of%20Practice%20for%20Residential%20Estate%20Agents.pdf

But even if the ombudsman agrees that the EA breached the code of practice, I'm not sure that would excuse you from paying.

spadge_2356

Well regardless of whether its written in the contract I was never made aware that they were now charging a fee (so wasn't that clear). When I called to ask to withdraw my property the lady had an opportunity to make me aware but instead she just asked if I was sure.

Not sure I have alot of options then. Like I said they didn't charge me last time so I'm going to write that in my complaint. Sometimes there is a time limit so I'll check my contract tonight.

I'm not destitute but I can't really afford to pay £240 in one go. If I complain and end up having to pay the fee what are my options then? Pay in £10/month installments maybe? They have already had £70 off me to cover some of the marketing costs!

notts_phil

You really are worrying over nothing

Tell them to sue you for it. They are just trying it on

I think that will be the last you hear from them

spadge_2356

This is where I'm confused. Should I pay them or tell them to jog on?

hazyjo

notts_phil wrote: »

You really are worrying over nothing

Tell them to sue you for it. They are just trying it on

I think that will be the last you hear from them

On what basis do you draw that conclusion?!

OP, that might be what you want to hear, but not exactly the right advice.

Jx

spadge_2356

Nothing would make me happier than telling the EA to stick the invoice somewhere unpleasant! Of course I am after the correct advice.

Has anyone had any success in telling the EA to waive the fee? Or has anyone had any luck with something different, please let me know. I appreciate everyone's responses so far.

notts_phil

spadge_2356 wrote: »

This is where I'm confused. Should I pay them or tell them to jog on?

i would tell them to jog on,

notts_phil

hazyjo wrote: »

On what basis do you draw that conclusion?!

OP, that might be what you want to hear, but not exactly the right advice.

Jx

On the basis that you paid them for some people to turn up and they failed to do so.

If they threaten to sue, advise you would counter sue for the amount you shelled out

spadge_2356

notts_phil wrote: »

i would tell them to jog on,

Don't get me wrong, I appreciate your giving me advice but what make you so sure they won't pursue me for the money?

notts_phil

spadge_2356 wrote: »

Nothing would make me happier than telling the EA to stick the invoice somewhere unpleasant! Of course I am after the correct advice.

Has anyone had any success in telling the EA to waive the fee? Or has anyone had any luck with something different, please let me know. I appreciate everyone's responses so far.

Yes.

I ve sold quite a few houses and on two occasions the EA were useless as i ended up doing the leg work

So when it came for the sale to complete, i instructed the solicitor not to pay the EA's fee from the sale funds.

They carried this out. I got letters from EA's on both occasions and told them why i wasnt paying them (was between 1000-14000) and that was that