Breach of Contract

GDB2222

G_M wrote: »

The last sale I did I had the EA contract amended such that their fee was only payable if a sale Completed.

This was a negotiated term. Whether any EAs ever use that within their standard terms I don't know.

But for the OP, the answer will be in his contract.

Most people just sign the contract the EA hands them, whereas it's just a starting point for negotiations.

moneyistooshorttomention

eddddy wrote: »

I think you've misunderstood your EA's contract

Many EAs (including perhaps yours) don't charge a fee if the buyer changes their mind before they exchange contracts.

But if the buyer exchanges contracts, as in this case, the fee will be payable.

(In your contract, look for a term that says something like: "Except for any previously agreed additional costs, commission fees will become due on exchange of contracts")

Nope!

I've double-checked and I only paid if the sale went through and they took their money on completion.

In the event - they did make a few minor mistakes (ie I had to correct a few typing errors they made on the details/get them to change one photograph they had taken and they forgot to leave their business card on one viewing they did) but I can't complain overall. Judging by everything I've read about others since - I really couldnt complain about the service and am far from surprised that rather a lot of people nearby copied me and duly went off to the same EA after they'd seen who I was selling with. I think it went "If that fussy person there is using them - then I'll check out the details - as I bet they did so quite thoroughly knowing them". Followed by "If it's good enough for her then.....".

Honestly - there are some decent ones out there.

EDIT; ...and I didnt even have to "negotiate" either. I just got handed decent terms to start with and handed them back a cup of coffee. Done and dusted.

tattooosteve

Hi all, many thanks for your posts. Feeling very nervous at the moment tbh. Never nice to be at the receiving end when you've done nothing wrong.
Update from today, buyer has , via his solicitor and mine, requested an extension to the ten days to find alternative finance.

Mrs36

How does that impact the rest of the chain? (I mean do they all have to agree, or can they still hold YOU to your notice to complete?)

I really wish a speedy resolution to this for you, it is so unfair.

GDB2222

Mrs36 wrote: »

How does that impact the rest of the chain? (I mean do they all have to agree, or can they still hold YOU to your notice to complete?)

I really wish a speedy resolution to this for you, it is so unfair.

Even if the Op would be inclined to allow more than the 10 working days, it only takes one person in the chain to insist on the strict terms.

Besides that, the person at the top of the chain actually gains handsomely from a default. He gets to keep the 10% deposit, and his expenses won't be anything like that. So, he has a strong financial incentive to insist.