Estate Agent Fee

Dodger78

We are in the process of selling our flat. It has been up for sale since July without any real interest. 2weeks ago we visited my fianc!es aunt and she stated that as a result of the low interest rates, she would like to buy our flat as an investment. She met our asking price and the sale is now in progress, however, we have now received a bill from the estate agent for 1% of the selling price for "finding a buyer". Before paying this bill, I just want to clarify if the estate agent is entitled to it given that my fianc!e found the buyer.

Any advice would be appreciated.

richardw

What does the small print in their terms and conditions say?

bazzyb

You need to check what the contract says. Clearly they didn't find the buyer, but the contract signed may state that the agents are entitled to their fee if the house is sold within X period of time.

Dodger78

Thanks for the help.

We have also received a call from the estate agent stating that the buyer is requesting that the home report is updated because it is over 3 months old. However, we contacted sharron's aunt and she has not asked for an updated copy so why would the estate agent ask for this?

hazyjo

Is this Scotland?

Jx

googler

Dodger78 wrote: »

Thanks for the help.

We have also received a call from the estate agent stating that the buyer is requesting that the home report is updated because it is over 3 months old. However, we contacted sharron's aunt and she has not asked for an updated copy so why would the estate agent ask for this?

Her lender will be asking for a 'refresh' of the Home Report as it's more than 12 weeks old.

As regards the fee, you need to read the contract with the agent.

Dodger78

googler wrote: »

Her lender will be asking for a 'refresh' of the Home Report as it's more than 12 weeks old.

As regards the fee, you need to read the contract with the agent.

She doesn't need a mortgage so there is no lender!

googler

Dodger78 wrote: »

She doesn't need a mortgage so there is no lender!

OK, the Aunt will have her own solicitor, who has made an offer to either your agent or your solicitor. It's not clear from your OP how the sale got to be 'in progress'. Scottish housebuying requires a written offer letter from buyer's solicitor to either selling agent or solicitor. How did this proceed? Did your aunt's solicitor send the offer to your current agent, or to a separate solicitor? Fill in some detail for us.

Is her solicitor the one requesting the refresh?

BertieUK

The answer to your question should be in the wording of your contract with the Estate Agent.

Checking out the small print is not an easy task when you first put your flat onto the market, especially for inexperienced sellers.

Regards
Bob