estate agent bluff?

tim123456789

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.

Yes you are right

I had missed that point

googler

Hoof_Hearted wrote: »

Five months of unsuccessful marketing.....

So you're OK with your favoured online agent charging a few hundred upfront, then, if the house doesn't sell after 5 months, writing off that money as a 'gamble', but you're not OK with this agent charging for their admin costs...?

Stormchaser_2

Post number 2 is giving the best info here. You HAVE to look into the original contract. It may well have said that if you sell the house within 6 months of 'ending the contract' with them, that you still need to pay the full fee. You cannot just cancel them; there is ALWAYS a period of time (usually 6 months,) where, if you sell the house - even to someone the Estate agents did not send to you; you HAVE to pay the fee in full.

You let the buyers come around and you let the house sale go through, and if it has not been for the estate agent, you would still have it on the market probably. It's unfair for you to be painting them as money grabbing bad guys here, when it appears to be you who is trying to get out of paying them what you owe them, (from where I am sitting anyway...)

It depends on your contract, but if I were the estate agent, I would be pushing for the full amount that you agreed to in the first place, and I think if you challenge them, they will win.

clockworks_2

tim123456789 wrote: »

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

Agreed completely.

As for other posters saying 5 months of unsuccessful marketing. It's part of advertising. The agent found you a buyer, it was due to them you managed to sell your house. What exactly is your reason for not wanting to pay them?

BASFORDLAD

I certainly wouldnt pay them.

No contract so they Cant sue, on ya bike, yell them you will see them in the local county court?

Stormchaser_2

clockworks wrote: »

Agreed completely.

As for other posters saying 5 months of unsuccessful marketing. It's part of advertising. The agent found you a buyer, it was due to them you managed to sell your house. What exactly is your reason for not wanting to pay them?

My sentiments EXACTLY. If the OP does make no attempt to pay; I am guessing that they will take legal action to recover the fee. I would if I were them.

Stormchaser_2

BASFORDLAD wrote: »

I certainly wouldnt pay them.

No contract so they Cant sue, on ya bike, yell them you will see them in the local county court?

BAD ADVICE! There WAS a contract, and so far we don't know if there was a clause in it, as in Lou67's post.

LandyAndy

Lou67 wrote: »

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?

That'll be the contract you read and signed to say you accepted?

Sparx

LandyAndy wrote: »

That'll be the contract you read and signed to say you accepted?

Lou67 is not the OP. He was explaining his own similar experience in the past as the OP may have a similar clause in their contract.

tim123456789

Stormchaser wrote: »

Post number 2 is giving the best info here. You HAVE to look into the original contract. It may well have said that if you sell the house within 6 months of 'ending the contract' with them, that you still need to pay the full fee. You cannot just cancel them; there is ALWAYS a period of time (usually 6 months,) where, if you sell the house - even to someone the Estate agents did not send to you; you HAVE to pay the fee in full.

Only if vendor foolishly agrees to "Sole Selling Rights".

Otherwise a "lock in" clause only applies to people introduced by the EA.

tim