House sold and no contract signed with estate agent

Iw2b

Hi,

I have recently accepted an offer on my home via an estate agent. I haven't signed a contract with them (terms of engagement) due to them consistently sending through the wrong paperwork, no fee on it and also wrong tie-in time.

We recently had a discussion about fees for the sale as the agent agreed to decrease the fee due to them messing up a few things at the start. This should have had alarm bells ringing as they are possibly the most inept company I have ever had the misfortune of dealing with.

Where do I stand with leaving them? If we sell to the same buyer privately, are we still liable for fees despite not signing a contract? They have marketed it for us (put on rightmove etc) but we did all the viewings etc.

Thanks

TonyMMM

They will argue that a contract was in place (albeit verbal) ... you say yourself you had an agreement with them to reduce the fees.

It really depends how much hassle you want - it is almost certain they will try and get their money through court action (or threats of it) if you refuse to pay

LandyAndy

Iw2b wrote: »

Hi,

I have recently accepted an offer on my home via an estate agent. I haven't signed a contract with them (terms of engagement) due to them consistently sending through the wrong paperwork, no fee on it and also wrong tie-in time.


Thanks

Sounds like they've done their job. Probably fair for you to pay them for it.;)

Iw2b

I think you're probably right and the hassle of dealing with them even longer definitely puts me off. I'm just a bit enraged by the fee we're paying them for their incompetence! grrr!

nobblyned

Iw2b wrote: »

I think you're probably right and the hassle of dealing with them even longer definitely puts me off. I'm just a bit enraged by the fee we're paying them for their incompetence! grrr!

Incompetence in getting you a correct contract certainly. Their competence in finding you a buyer seems reasonable though!

googler

Iw2b wrote: »

I think you're probably right and the hassle of dealing with them even longer definitely puts me off. I'm just a bit enraged by the fee we're paying them for their incompetence! grrr!

They got you a buyer. As long as the sale goes through, all else is a side issue

Iw2b

Thanks guys! I'll wind my neck in now, after all, they have got me a buyer

dimbo61

All the same if you can get the fee reduced from say 1.5% to 1.25% as they have not done the viewings and you have prepared the property for sale!
A few years ago my local estate agent was so keen to market our house he dropped the fee by 1/2% just to get the business.
Agreed on the thursday, viewing on the friday, sold on the saturday morning when the man turned up to put up the For Sale board.
Had to ask for a copy of the property details as they had not bothered printing any!!!!!
Happy with the sale price and the buyer was very keen to buy our old house and live in a quiet area

Better_Days

Don't worry Iw2b, it was a reasonable question to ask.

I haven't signed a contract with my agent, (they said they would send me a hardcopy in the post, but didn't) but I have been very happy with their service (so far). They did nearly all of the viewings, have secured a good offer and seem to be on the ball as far as sales progression goes. As their suggested AP was in the middle of the range suggested by other EA's, I feel that they have judged the market well.

There is a lot more to it than just securing a buyer. It is easy for an EA to secure a buyer if they under value to get a quick sale, or dare I say it, sell to a mate (this happened to a friend of mine in the days before the internet, and it wasn't so easy to find out comparable sold prices)

If the EA has judged the market well, prepared good details, helped with negotiation on price (if necessary), secured a buyer and worked hard on sales progression, then that all shows they have worked for their fee. I can understand your frustration over their incompetence though, especially if it makes more work for you at what is a very stressful time. Considering the amounts of money involved, the lack of professionalism among some EA's never fails to amaze me.

Still, in answer to your original question, and if the sale goes through I think you should pay them. There is nothing to stop you giving honest feedback to anyone who asks for a recommendation. And when you next come to move, make sure you 'interview' at least 3 EA's, preferably more, if you have the energy, or can't find one you are happy with.

Hope your sale goes through smoothly.

DRP

I would say the only thing you have to 'worry' about is what they will charge you as fees - as these are negotiable and will be written into your contract.