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Taylor wimpey easymove 3 percent charge

Hello

Without going in to too much detail:

We have used the easymove scheme in order to sell our property. However, due to some unfortunate and unforeseen circumstances we have had to cancel the purchase of the new build property. Taylor wimpey are keeping 500 pounds of our deposit which is to be expected. But further from this we still wanted to sell our house and the new buyers are keen to move in...However Taylor wimpey have now told us if we continue to sell our property they will charge us 3% of the cost of the new build which is £7000. The estate agent are not happy with this as much as we are as we said we would just pay the estate agent. Taylor wimpey won't allow this even though they still get 30 % of the estate agents fee.

Does anyone know if this contract is legal or if we continued to sell would they act up on it? Or is there anyway around this?

Thanks

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You say "Taylor Wimpey have told us...". But what does your contract say? Presumably you can get out of it at some point?
  • The contract states that if we pull out of buying the new build and continue to sell our house we will have to pay 3% of the cost of the new build.

    Obviously this wouldn't have been a problem as we really wanted to move into the new build but now we can't due to personal circumstances.
  • lee111s
    lee111s Posts: 2,988 Forumite
    Eighth Anniversary Combo Breaker
    Then you're stuck.

    You signed the contract and were happy with the terms at the time.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Trig596 wrote: »
    The contract states that if we pull out of buying the new build and continue to sell our house we will have to pay 3% of the cost of the new build.
    But like I said, presumably you can get out of the contract by giving them notice (like with a normal estate agency contract)?
  • eddddy
    eddddy Posts: 17,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 27 January 2017 at 10:30AM
    davidmcn wrote: »
    But like I said, presumably you can get out of the contract by giving them notice (like with a normal estate agency contract)?

    I suspect that, like you say, the issue is that Taylor Wimpey is acting as an estate agent. (And they have subcontracted a local EA.)

    Taylor Wimpey have introduced a buyer - who the OP says are keen to move in.

    And perhaps like with most EA contracts, Taylor Wimpy will want their fee if the buyer they introduced exchanges contracts within 6 months / 2 years.


    So perhaps the answer is to...
    - Cancel Taylor Wimpeys contract
    - Dump the buyer that Taylor Wimpey introduced
    - Instruct a new EA

    But that's a lot of guessing, and it all depends on the detail of the contract.
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