Rogue Estate Agent?!?! Please help!!

Maclaren

I believe an estate agent is wrongfully trying to claim a fee....

Bear with me whilst I explain.

We saw a house that was for sale with estate agent (X) (not sure if we're allowed to name and shame) Viewed it, loved it, put an offer in, offer accepted.

We then decided to sell our house using the agent (X) as we thought it would be easier and meanwhile developed a good friendship with the sellers (1) of the house we're buying. These sellers are a retired couple downsizing, who are/have now moved into rented accommodation within a retirement type complex. Estate agent (X) was pretty awful (not returning calls, no feedback, etc etc) but found us a buyer (2) and they subsequently went on with the same agent (X) and eventually the chain was complete with 4 links. It all fell through at the final hour as it does and that was that.

We cancelled our contract with agent (X) (meeting all the deadlines, in writing etc)
We went on with another agent (Y) and made agreements that if we sold it to our buyer (2) (that had fallen through) we would of course pay agent (x) the fee. After many weeks our buyers (2) were struggling to sell their own house and miraculously our seller (1) offered to buy their house (to get the the chain complete and everyone moved - his intention was just to keep it on the market and sell it as and when). He stipulated a two week deadline (as all surveys etc etc had already been done previously) however the estate agent (x) were pretty awful and it dragged on and on and our seller (1) pulled out of buying our buyers (2) house (are you still with me?!?!)

Our seller (1) phoned us up and said he'd spoken to our NEW agent (Y) and wanted to view our house and subsequently put in an offer and we sold it to him. We are of course happy to pay our new agents (Y) fees however our original (X) agent is claiming not just our sellers (1) fee (which they are of course entitled to) but our fee as well for introducing us to each other!

I believe this is wrong as they NEVER introduced our sellers to us as a buyer, and did NOTHING to sell our house to them. They never suggested to our sellers to buy our house, never encouraged them to put in an offer, never booked a viewing etc etc, so how did they sell our house?


What do you think?

googler

I'm sorry, but halfway through my second reading of this I lost the will. If you're going to refer to agent X, Y or Z, then do so consistently for the whole post. We've got agent X, new agent, same agent, our agent, and I'm afraid I've totally lost track of who's who......

DiscoCat54

So the person who you bought your house from bought the house of the people buying yours? Not sure my statement actually makes it any easier to understand...

theartfullodger

What do I think??

SUMO!!

Maclaren

They nearly did.... it was all taking too long and so they just cut the chain right down and bought ours instead - Kind of like a house swap (to either rent out or keep on the market) Just to get everything complete and us into their old house.)

notakid

This is really hard.....

To be honest, the estate agent has a point they introduced you both. Really your new agent shouldn't claim a fee.

Are you sure the agent delayed things? In reality, once the sale is agreed its out of the estate agents hands. Its up to the solictors and lenders.

Maclaren

Thanks Notakid... Our new agent are being really decent about it and have said that they dont want us paying two fees and if it comes down to it they'll step back. But it's more of a principle, i've read some case law that says the estate agent has to introduce the purchasers to the sale and not just the people/property, and that they have to be a cause of the sale itself. Its a tough one, I feel like agent (X) are bullying us and don't know whether to make a stand and fight this, but I really believe in our case.

MelaBella

post is deleted

Fire_Fox

So basically you agreed to buy a house and market your own through the same agent. You subsequently changed agent and then agreed to swap houses with your vendor and are not in dispute about who the fee is owed to? Answer is likely the first agent because they introduced you but check your contract for the specific wording.

No idea why you are blaming the estate agent for an earlier sale falling through, agents don't actually do that much after the same is agreed, pushing the process forward is down to the buyers and vendors putting pressure on their solicitors and lenders.