I have accepted an offer on my property - but never signed contract with the agent!

DivineInspiration

I had an initial discussion with the estate agent who has been marketing my flat at the time I instructed them where they quoted 1.5%, I countered 1%, and they verbally agreed that this was acceptable. The flat went to market almost four weeks ago - yesterday I received and accepted an offer, from the second person to view the flat. This is excellent. However, I've still not viewed or signed any contract, and I don't know where this now leaves me with regard to the fee I pay the agent: when I spoke to them this morning the 1.5 figure was mentioned.

For the past three weeks I've been trying to get in touch with them regarding the contract and other details - I have evidence of this by way of an email sent directly asking for a contract and giving them some further information about the flat, which was never replied to, plus my own phone record showing calls being made about twice a week where I left messages which were never returned.

I want this sale and I don't want to !!!! off the agent and nor do I wish to shaft them (though I certainly don't think they've been particularly great for their fee.) But what protection do I have if they try to insist we agreed on 1.5% - or perhaps higher?

picklepick

Now, I'm no expert but as far as I know a verbal contract is as good as a written one. On that basis I would pay the 1% you agreed on.

It would be on them to chase you through small claims for the remaining money, if they disagree. They would have to show the court that a contract was agreed for 1.5% and if you haven't signed anything, I'm not sure how they'd expect to do that!

G_M

You have a verbal contract for 1%.

Proving it is the problem.

However, the fact that you have not signed their standard 1.5% contract means they cannot easily prove you agreed to 1.5%!

Write (letter) firmly stating that on xx date you agreed with (name) that they would market your property on the basis of a 1% fee.

Notmyrealname

"Show me where I signed" would be the answer to any bill sent.