Ready Willing and Able Clause

MrsTotallyT

Can somebody advise me? We rather stupidly (in hindsight) signed a contract last year for an estate agent to sell our house with this clause that stated if they find a ready willing and able buyer and send out a sales proforma (listing solicitors details etc) then they can charge us a fee. We accepted an offer and a sales proforma was sent to us. However, our buyer then decided not to proceed with the purchase and pulled out.

Are we still liable to pay this fee even though the buyer pulled out?

Can you also read my post fourth down as more information added. Thank you.

Thanks in advance.

G_M

No. The buyer is clearly not 'ready, willing and able' is he?

Fire_Fox

Given the buyer pulled out I'd call that not ready willing and able.

MrsTotallyT

Hi thanks for replies - it is just the part about sending out a sales proforma that concerns me. They state that once they find a ready willing and able purchaser and send out a sales proforma then they can charge. They did send out a sales proforma and our buyer did hang on for 6 months, but the property we wanted to buy had problems so we had to pull out of 'our' purchase. However, we then found another property and this was when our buyer pulled out. Does this change things?