Estate Agent Misrepresentation

minnehaha_2

Had reason to put my home on the market earlier this year. Of the agents who came to value and state their terms, I chose the one who had recently sold another flat in my building. I was told they had achieved a price of 120K.

During the term of their agency I had reason to be unhappy about one aspect of their marketing and under bad circumstances, left what they term an abusive voice mail on their answer phone. I myself realised I should not have acted thus and rang to apologise at the start of the next business day. Despite this they notified me they were terminating the contract.

My outburst was due to the stress I am under at the moment, exacerbated by a mental health condition. Despite my informing them of this, and my offer to apologise in person they are sticking to their decision. I contacted a local advice centre who informed me I have some protection under the Disability Discrimination Act.

However, I have not yet pursued this route as since this all occurred, it has come to light that I was lied to regards the sale price for the other property. It did in fact achieve 116K. The originally figure cited was the overriding factor in choosing this particular agent.

Initial legal advice obtained is that this was misrepresentation and the contract is therefore void, so I am entitled to a full refund of monies paid upfront. Also that the agency has no claim to any commission in the future from a sale resulting from someone introduced by them to my property.

I have been in email contact with the agency, but they are totally blanking me on the point of misrepresentation and refusing to pass comment on this issue. They just keep harping on about the telephone message. I feel this latter issue has now become irrelevant and they cannot cancel an agreement on these grounds when said agreement never existed in the first place?

Additional thoughts/advice will be much appreciated.

anselld

Surely if the agent are terminating (whatever their reasons) then
(a) the contract is terminated
(b) their choice so they should refund any advance payment less costs incurred to date
(c) they will not be entitled to any commission unless it is purchased by a person they introduced during their period of agency

What else are you seeking to achieve?

minnehaha_2

Thanks for your response, but advice attained so far is that due to the misrepresentation, in effect there never was a contract between us.

ca55ie

minnehaha wrote: »

I am entitled to a full refund of monies paid upfront.

I thought if you had paid money that would imply some kind of contract ?

minnehaha_2

Yes, I paid an upfront fee, but surely that was obtained dishonestly due to their misrepresentation??

Excited13

A couple of things was the flat actually sold or just an offer accepted? It could be an offer was accepted at £120k but then due to the survey or other issues the price was reduced to £116k.

What research did you do? If it was already sold and did you check sold prices?

cattie

Didn't you do your own research to find out what selling prices were achieved for similar properties in your area?

This kind of information is freely available on the internet & to trust the word of an ea on pricing was rather niave.

hcb42

not sure what you are trying to achieve?

They dont want to act for you any more, and there are 100s of reasons why a 'sale' at £120K became a sale for £116K, the difference is peanuts in the scheme of house buying, just move on and get a new agent.

googler

Excited13 wrote: »

A couple of things was the flat actually sold or just an offer accepted? It could be an offer was accepted at £120k but then due to the survey or other issues the price was reduced to £116k.

What research did you do? If it was already sold and did you check sold prices?

Indeed, if the buyer renegotiated after the seller had accepted an offer at £120k ....

TrickyDicky101

OP, what amounts did you pay up front? I am afraid 120k vs 116k sounds petty to me (ie you might think that confirms misrepresentation but nobody else would).

minnehaha_2

Thanks for your replies, BUT....

No property has sold in my building since the downturn in property prices except the one referred to. That sale was so recent (a matter of days) that I couldn't check it online. I'm pleased some of you are in a position where four grand is a trifling amount but that does not apply to me. I struggled to pay the amount up front and I have no funds to instruct another agent. Yes, some do no sale, nowt to pay, but I am not happy about feedback received about the main agent to offer this in my area.

I eventually managed to contact the vendor and 120K was NEVER offered. In fact he had to haggle them UP to 116K. As for the comment that no one else would consider this misrepresentation - I did state this was based on legal advice already sought.