Estate Agent Withdrawal Fee

captainusa

Thanks for the advice so far. Probably least hassle to keep it on the market with them and just stick to the current price and see what happens. I still want to move, Just wasn’t happy with my current agent

G_M

captainusa wrote: »

It just says there is a withdrawal fee, but doesn’t mention any terms and conditions associated to it.

Please quote the contract itself. Exact words. In full. Relating to the term of the contract, the notice period required if any, and the fee.

Quote.

captainusa

G_M wrote: »

Please quote the contract itself. Exact words. In full. Relating to the term of the contract, the notice period required if any, and the fee.

Quote.

Okay direct from the contract. On the front page a box called commission fee. Inside box Sole agency fixed fee and Withdrawal Fee with an * stating 28 days notice with active marketing, refer to reverse for term and conditions. There is also a box stating type of agency with sole agency ticked and the period of 20 weeks.

In terms and conditions....
“2.1 The agent will be the only agent for the sale of the property during the agency period.”
2.2 Just relating to cooling off period of signing agreement.
2.3 A bit about commission during sale.
2.4 “On expiry of the Agency Period, unless terminated by either side by a minimum of 28 days' written notice expiring on the last day of the agency period, the agency shall continue as ******* until either:-

- It is terminated by either the seller or the agent on 28 days' written notice; or
-The seller by 28 days' written notice to be served not earlier than the last day of the agency period converts ****** into a multiple agency, which multiple agency shall then continue on the terms set out in clause 6 of the agency agreement and in clause 3 below ;- or
-The seller appoints another agent without giving any or any adequate notice, in which case **** will continue to apply save that the multiple agency commission fee would be payable if a fee becomes due.”

steampowered

You need to quote the section of the terms and conditions which deals with withdrawal fees.

If you name the estate agent, we may be able to find a full set of their T&Cs online.

G_M

captainusa wrote: »

Okay direct from the contract. On the front page a box called commission fee. Inside box Sole agency fixed fee and Withdrawal Fee with an * stating 28 days notice with active marketing, refer to reverse for term and conditions. There is also a box stating type of agency with sole agency ticked and the period of 20 weeks.

In terms and conditions....
2.1 The agent will be the only agent for the sale of the property during the agency period.
2.2 Just relating to cooling off period of signing agreement.
2.3 A bit about commission during sale.
2.4 On expiry of the Agency Period, unless terminated by either side by a minimum of 28 days' written notice expiring on the last day of the agency period, the agency shall continue as ******* until either:-

- It is terminated by either the seller or the agent on 28 days' written notice; or
-The seller by 28 days' written notice to be served not earlier than the last day of the agency period converts ****** into a multiple agency, which multiple agency shall then continue on the terms set out in clause 6 of the agency agreement and in clause 3 below ;- or
-The seller appoints another agent without giving any or any adequate notice, in which case **** will continue to apply save that the multiple agency commission fee would be payable if a fee becomes due.

So is that the only reference to the withdrawal fee in the entire contract?

When quoting, please use "quotation marks" to clarify exactly wich word coe rom you and which words come from the contract.

captainusa

Yes, that is the only reference to the withdrawal fees. Which is the reason I was surprised when they sent me the email which seems like it is directly lifted from Ts and Cs.

captainusa

steampowered wrote: »

You need to quote the section of the terms and conditions which deals with withdrawal fees.

If you name the estate agent, we may be able to find a full set of their T&Cs online.

That’s what I’m getting at. There is no specific section relating to withdrawal fees. I’ve read it 5 times, my wife twice.

eddddy

captainusa wrote: »

Yes, that is the only reference to the withdrawal fees. Which is the reason I was surprised when they sent me the email which seems like it is directly lifted from Ts and Cs.

Is there a section titled "Termination" - it's normally near the end of the contract (maybe 2 or 3 sections from the end).

It may not use the term "withdrawal fee" - it may just say something like "a charge is payable if you terminate the instruction/ agreement / contract"

TrickyDicky101

I believe in a consumer contract the size of the fee would need to be explicitly stated in some fashion (eg £ amount, % of marketing price etc) and without that the contract should be interpreted in the most favourable way to the consumer (eg a peppercorn or effectively £nil). But I ain't a lawyer ;-)

captainusa

Hopefully this will work. All sensitive info blacked out.

https://www.flickr.com/photos/154950240@N02/