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Estate Agent fee; The Property Ombudsman interpretation.

24

Comments

  • principlecounts
    principlecounts Posts: 312 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    edited 15 August 2015 at 1:13PM
    eddddy wrote: »
    I'm not sure there's any need to argue at this stage.

    Usually, the EA's fee is paid by your solicitor out of completion funds. Just tell your solicitor how much to pay the EA.

    If the EA believes you have not paid enough (so you are in breach of contract), they may make a claim against you and you can then argue - perhaps in court.


    Edit to add:

    ...or you could play hardball with the EA, and say "I'm not going to exchange until you agree with me about the fees. And if I don't exchange you wont get any fee at all".

    But you probably have more to lose than the EA does!

    I've already exchanged, it was a rather complicated and hard fought exchanged, needed to be done, I had more to lose.

    I'm still being requested the outstanding amount, and made an enquiry with the TPO.
    Student loan: Cleared.
  • If anyone was interested, I'm going to pay the outstanding amount, and file a complaint with the TPO. This should be interesting.
    Student loan: Cleared.
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If anyone was interested, I'm going to pay the outstanding amount, and file a complaint with the TPO. This should be interesting.

    I'm interested to know why you're going to pay the outstanding - from the above posts you seemed to be in a strong position to withold payment.
  • To avoid interest on late payment and the fee's escalating to court. TPO suggested I do this, and I think they are right. TPO will make a better judgement on compensation than I can.
    Student loan: Cleared.
  • kinger101
    kinger101 Posts: 6,740 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    To avoid interest on late payment and the fee's escalating to court. TPO suggested I do this, and I think they are right. TPO will make a better judgement on compensation than I can.

    OK - just make sure you've gone through the EA's official complaints procedure before you refer this to the TPO.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • kinger101 wrote: »
    OK - just make sure you've gone through the EA's official complaints procedure before you refer this to the TPO.

    Yeah - I've got a final response from the branch manager.
    Student loan: Cleared.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Either the fee is due or it is not.

    To suggest paying then claiming compensation is bonkers... I am less and less 'fan' of all these arbitration schemes.
  • kinger101
    kinger101 Posts: 6,740 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I can't see the contract, but if it doesn't indicate anywhere on the form that VAT is excluded in the price, then jj is right, as they'd stand zero chance in court. Can you confirm what is says verbatim on the form? Forget blank boxes. Ambiguity would only work in your favour anyway. You mentioned "It's 1. It was printed 'inc VAT'". What is "It"? Is "It" a number?
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • anselld
    anselld Posts: 8,708 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I thought you said they were not a member of the TPO. How can the TPO advise or apply judgement to non-member?


    Not a member. Estate agents letter were printed with TPO.
  • I have additional information...I'll provide an update soon!
    Student loan: Cleared.
This discussion has been closed.
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