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Refusing to pay full fee to estate agent?

Ivana_Tinkle
Posts: 857 Forumite
I think I probably already know the answer to this, but...
It's looking like we might (fingers crossed) exchange contracts tomorrow on our sale/purchase, at which point the fee is due to our estate agent.
We're extremely unhappy with our agent and massively resent paying them their full fee, which amounts to over £9k inc VAT (the joys of living in London!). Long story short, it rapidly became obvious they'd told our first buyers that we were chain-free, which wasn't the case. We weren't able to move quickly enough (complicated purchase and mortgage with Santander!), so that sale fell through.
They v quickly found another buyer. This time, it transpired that he was not really 'proceedable', so there was a massive delay. We found out about this a month in - the agent who made the sale had known at least two weeks earlier and had lied to us every time we'd asked her about the progress of the sale.
Twice in the last two weeks, we've been told by the agents that there is a huge problem with the sale. Each time, we've rung our buyer directly and there has been no problem at all - just very, very poor communication.
Would there be any point at all in complaining to the ombudsman or to their head office and asking for the fee to be reduced? I have no documentary proof that they lied to our first buyers (although I know they did!), but the branch manager has admitted herself that the second time around one of her agents lied to us.
We've lived for five months with our chain being on the verge of collapse at least once a fortnight, almost entirely due to them, and the idea of paying them so much money makes me sick! FWIW, they're one of the more 'reputable', 'nice' agents in our area. I don't have a chance, do I?!
It's looking like we might (fingers crossed) exchange contracts tomorrow on our sale/purchase, at which point the fee is due to our estate agent.
We're extremely unhappy with our agent and massively resent paying them their full fee, which amounts to over £9k inc VAT (the joys of living in London!). Long story short, it rapidly became obvious they'd told our first buyers that we were chain-free, which wasn't the case. We weren't able to move quickly enough (complicated purchase and mortgage with Santander!), so that sale fell through.
They v quickly found another buyer. This time, it transpired that he was not really 'proceedable', so there was a massive delay. We found out about this a month in - the agent who made the sale had known at least two weeks earlier and had lied to us every time we'd asked her about the progress of the sale.
Twice in the last two weeks, we've been told by the agents that there is a huge problem with the sale. Each time, we've rung our buyer directly and there has been no problem at all - just very, very poor communication.
Would there be any point at all in complaining to the ombudsman or to their head office and asking for the fee to be reduced? I have no documentary proof that they lied to our first buyers (although I know they did!), but the branch manager has admitted herself that the second time around one of her agents lied to us.
We've lived for five months with our chain being on the verge of collapse at least once a fortnight, almost entirely due to them, and the idea of paying them so much money makes me sick! FWIW, they're one of the more 'reputable', 'nice' agents in our area. I don't have a chance, do I?!
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Comments
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The easy answer is unfortunately to pay them, I hate their underhand tactics and general attitudes although until they are regulated this will continue...!
Just do not pay them and let them sue you, you will at least get a day or two in court...
Would probably be even more aggravating though if you had to pay costs on top of initial invoice...
Good luck thoughI am a Mortgage Broker
You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it.This signature is here as I follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Thanks, Dave. I couldn't face a court case, not least because we're moving 300 miles away, and the thought of coming back just for that is too horrid to contemplate! They did find the buyer so I accept we have to pay something; I just don't think it should be so much!0
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Then at least telling them will make you feel better, although these are Estate Agents we are talking about so would expect them not to knock anything of their bill.....I am a Mortgage Broker
You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it.This signature is here as I follow MSE's Mortgage Adviser code of conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
... Sounds like they found you 'a buyer' twice over ...0
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If they are a large chain, look up
a) their head office and/or
b) their complaints procedure
and complain there, requesting that they deduct 50% from their fee (they'll refuse, but may negotiate!).
If they are members of the Ombudsman Scheme, and/or the NAEA or similar, you could complain to them.0 -
... Sounds like they found you 'a buyer' twice over ...
No, they didn't, because the first 'buyer' had specified they would only buy somewhere chain-free. They offered on our house because the agent lied about our position, and that's why the 'sale' fell apart.
The second time, they introduced a buyer who was not proceedable, and lied to us about his position. If the sale goes through, it will be because we have waited three months for him to become proceedable.0 -
You could have avoided all this and save a fortune by going with an on-line agent.Je suis sabot...0
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Have you asked them for a discount?0
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Aren't estate agents fees due on completion rather than exchange?0
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demented_weasel wrote: »Aren't estate agents fees due on completion rather than exchange?
This is correct. Your solicitors will ask you at some point to confirm the amount to send to the EA.
Hopefully, contracts will be exchanged today.
Speak to the EA asap about a reduction in their fees.
I remember having issues with my solicitors when buying my house and having issues with the EA when selling my house.0
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