Estate Agent Charging Us for Failing to Sell House

TonyMMM

Agent 2 are the ones at fault (if they were aware of the situation) - they should have negotiated with agent 1 and sorted out the fee issue or at least discussed it with you.

What do they say ?

G_M

normal wrote: »

A quick related question then. If we had legal advice cover via our home insurance at the time of the sale and for a period after, but no longer have that policy (as we're no longer in the UK), would we still be able to contact the legal helpline for advice?

Almost certainly not, but you could ask an see....

we asked the valuer about this clause before we signed and he said not to worry

What surveyor? signed what? Did the 'surveyor' confirm this in writing?

We then also contacted the original estate agent again (after we were no longer with them), and asked about this clause after the couple had made a new offer. We were told not to worry about it.

In writing? Witness? Other evidence of this?

The clause also seems extremely unfair as there's no time limit on it. In effect, it continues forever.

I seem to remember there is case law on this. The courts have limited these clauses to, I think, 6 months.

Jhoney_2

Perhaps your buyer will recall (and give a written statement) confirming that EA 2 was advised of the original introduction.

If so, contact the second EA and advise you will have to take them to court unless they can come to some agreement with EA 1.

NB: Never accept a verbal agreement regarding important matters. EAs leave, move on and forget!

Good luck.

mrginge

TonyMMM wrote: »

Agent 2 are the ones at fault (if they were aware of the situation) - they should have negotiated with agent 1 and sorted out the fee issue or at least discussed it with you.

What do they say ?

Agent 2 are under no obligation to do the above. The onus is on the buyer to tell the agent who they can and can't negotiate a sale with.

Jhoney_2

G_M wrote: »

Almost certainly not, but you could ask an see....

What surveyor? signed what? Did the 'surveyor' confirm this in writing?

In writing? Witness? Other evidence of this?

I seem to remember there is case law on this. The courts have limited these clauses to, I think, 6 months.

I think OP means the EA person who does the initial visit, look around and leaves you with the blurb to consider giving them your business.

In the course of that discussion, the clause query was raised and answered as above. Instructed EA. No evidence. Called to check before proceeding with sale via EA 2, no evidence.

eddddy

As far as I can see, the key factor is as follows:

• You say that on two occasions (once was before the contract was agreed) you were told "not to worry" about a particular clause in the contract - you interpreted that to mean the clause didn't apply to your circumstances and/or it would not be enforced.
  
• The EA denies that you were told "not to worry" on any occasion.

So, if it ends up in court, it's down to who the Judge believes (on the balance of probabilities).

You would need to provide a witness statement, so to strengthen your case, you should try to gather/remember as many facts as possible. i.e. Who said what on specific dates.

Jhoney_2

eddddy wrote: »

As far as I can see, the key factor is as follows:

• You say that on two occasions (once was before the contract was agreed) you were told "not to worry" about a particular clause in the contract - you interpreted that to mean the clause didn't apply to your circumstances and/or it would not be enforced.
• The EA denies that you were told "not to worry" on any occasion.

So, if it ends up in court, it's down to who the Judge believes (on the balance of probabilities).

You would need to provide a witness statement, so to strengthen your case, you should try to gather/remember as many facts as possible. i.e. Who said what on specific dates.

Which is why I think the buyers are so important here. They are the only party to this situation that has nothing to gain one way or the other.

normal

Many thanks to everyone for their thoughts and advice.

maninthestreet

Wasn't there a court case very similar to this a few years ago, involving Foxtons??

jaybeetoo

http://hoa.org.uk/services/ask-an-expert-2/ask-an-expert-i-am-selling-questions/if-i-switch-estate-agents-will-i-still-have-to-pay-commission-to-my-old-one/