estate agent bluff?

skeletonblues

Hi, After trying to sell my house with an estate agent I cancelled the contract after the agreed time. 5 months later they called me to say they had a buyer can they show him round and I would have to sign a one off contract. I refused to sign but they still wanted to show the buyer the house anyway. My house is now sold and the agent now wants £2760! I think I should refuse to pay the full amount as there was no contract but offer them say £250. The invoice says "fee for introducing a buyer" no more than couple hours work in my opinion. They phoned to ask for my address but I refused to give it so they don't know where I live but I expect I wouldn't be too hard to find. Am I going to have to pay the full fee?

Lou67

It would depend on what you originally signed. Frankly, I think estate agent fees are shocking anyway. We have bought and sold three properties over the years, and each time, we have done much more running around than they have (OR the solicitors!)

Last time we went to sell a house - around 2006, we put it on the market and then changed our minds after about 2 months. HOWEVER: In the contract, there was a clause that said if we sell our house to someone else - anyone else - within 6 months; we will have to pay them the full agreed fee. I am not sure you can just 'cancel' with them, and simply be free.

Because what is to stop you someone finding someone who saw the property in the paper, or the sign board when passing, and you telling the estate agent you no longer need them, and then getting out of paying their fee?

They have to safeguard themselves. As much as many people hate them and think they charge too much; they are within their rights to put clauses in to make sure you can't back out and then go and sell the house 2 weeks later, and pay them nothing. So, many of them will have a six month clause. Maybe longer.

So you need to check your original contract - but I am guessing as it is not a massive amount of time since you pulled your property off the market with them, you may be liable for the fee. It seems odd that they wanted you to 'sign something' though, if you *were* still within a six month clause - like many people end up.

You need to look thoroughly through the contract and get advice on this from a solicitor maybe. They may have only done 'two hours work' but what about all the time they had you on the books before, and the advertising and paperwork and liaising with prospective buyers etc, before you 'cancelled' them?

tim123456789

skeletonblues wrote: »

Hi, After trying to sell my house with an estate agent I cancelled the contract after the agreed time. 5 months later they called me to say they had a buyer can they show him round and I would have to sign a one off contract. I refused to sign but they still wanted to show the buyer the house anyway. My house is now sold and the agent now wants £2760! I think I should refuse to pay the full amount as there was no contract but offer them say £250. The invoice says "fee for introducing a buyer" no more than couple hours work in my opinion. They phoned to ask for my address but I refused to give it so they don't know where I live but I expect I wouldn't be too hard to find. Am I going to have to pay the full fee?

But it's not a couple of hours work is it

It was five months of previous marketing that has to be paid for.

tim

Hoof_Hearted

tim123456789 wrote: »

But it's not a couple of hours work is it

It was five months of previous marketing that has to be paid for.

tim

Five months of unsuccessful marketing.....

Sponge

The way the op reads, (s)he cancelled the contract and the EA continued to advertise it until 5 months later they found a buyer. That's 5 months of marketing a property they weren't contracted to market? Tell them to shove it.

If you feel generous, do you what you suggest - offer them a minimal finder's fee.

Hasn't this been discussed before? With case law quoted? I didn't think an EA could hold a seller to ransom like this, several months after they've been dismissed?

tim123456789

Hoof_Hearted wrote: »

Five months of unsuccessful marketing.....

still has to be paid for

tim123456789

Sponge wrote: »

I didn't think an EA could hold a seller to ransom like this, several months after they've been dismissed?

They didn't.

Vendor could have refused the viewing, or even any offer made

I accept your point that the EA may be legally wrong, but they are IMHO morally right

tim

Sponge

Where EAs are concerned morals don't enter into the equation.

Bottom line is, imo, what the OP is legally required to do; not morally.

However, I agree it is complicated by the fact (s)he accepted the viewing, which is why I would offer a token remuneration. But 5 months worth of advertising? Not a chance!

googler

Sponge wrote: »

The way the op reads, (s)he cancelled the contract and the EA continued to advertise it until 5 months later they found a buyer. That's 5 months of marketing a property they weren't contracted to market? Tell them to shove it.

That's not what the OP said.

It reads to me like the contract was cancelled, and the EA kept the property in mind until someone came along looking for a similar property, then the EA made the connection with the one previously marketed. No?

Also sounds to me that the OP implicitly accepted the EA's contract by accepting the viewer and accepting the offer that the viewer made, having been brought in by that EA.

How much would the EA's fee have been if the sale had been concluded under the original contract?

mart.vader

googler wrote: »

That's not what the OP said.

It reads to me like the contract was cancelled, and the EA kept the property in mind until someone came along looking for a similar property, then the EA made the connection with the one previously marketed. No?

Also sounds to me that the OP implicitly accepted the EA's contract by accepting the viewer and accepting the offer that the viewer made, having been brought in by that EA.

How much would the EA's fee have been if the sale had been concluded under the original contract?

skeletonblues wrote: »

Hi, After trying to sell my house with an estate agent I cancelled the contract after the agreed time. 5 months later they called me to say they had a buyer can they show him round and I would have to sign a one off contract. I refused to sign but they still wanted to show the buyer the house anyway. My house is now sold and the agent now wants £2760! I think I should refuse to pay the full amount as there was no contract but offer them say £250. The invoice says "fee for introducing a buyer" no more than couple hours work in my opinion. They phoned to ask for my address but I refused to give it so they don't know where I live but I expect I wouldn't be too hard to find. Am I going to have to pay the full fee?

The way I read this, is that the OP didn't sign the one-off contract or accept the viewing, and there was no offer via that EA, but sold their house via another route or another EA. It doesn't say, the viewer came via the EA, looked round and made an offer etc.

I know there are "sole agency" agreements, but OP says they "cancelled contract after the agreed time".

ValHaller

mart.vader wrote: »

The way I read this, is that the OP didn't sign the one-off contract or accept the viewing, and there was no offer via that EA, but sold their house via another route or another EA. It doesn't say, the viewer came via the EA, looked round and made an offer etc.

My questions too. The answer hangs on these questions and without knowing on way or the other, everything is pure assumption