Estate Agent Withdrawal Fee

GrumpyDil

Not a really well written agreement.

I can't see any specific mention of how the withdrawal fee works so I'd go back and also them to highlight to you the section of the agreement which covers the payment of the withdrawal fee, specifically the scenario in which it becomes payable.

I do have to point out that logically I think it would be paid if you withdraw the property from the market r from them but I can't see where that is explicitly covered in the contract so think you probably have a way of not paying it

G_M

captainusa wrote: »

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.

If that is genuinely the only reference to the fee, then it cannot be charged.

It does not state what the fee is. Nor does it state the circumstances in which it is charged.

No court would enforce it.

GrumpyDil

G_M wrote: »

If that is genuinely the only reference to the fee, then it cannot be charged.

It does not state what the fee is. Nor does it state the circumstances in which it is charged.

No court would enforce it.

Agree that there isn't enough meat to the drafting to make it clear and enforceable but it does indicate that it's a fee of 295 on the front page.

Tom99

You are ending the contract with 28 days notice you are not withdrawing from the contract.

In any case the contract does not stipulate the circumstances in which the fee of £295 becomes payable so they cannot apply it.

I would just give them 28 days notice and say you are not paying £295.

googler

captainusa wrote: »

My understanding was that the withdrawal fee was only payable during those 20 weeks. The 20 weeks is up and I want to get rid of the agents. They say I owe the fee.

Page 1 outlines the agency period and the withdrawal fee

Page 2 states that the (sole) agency will continue unless terminated with a minimum of 28 days notice ending on the end of the agency period. With a signing date of 3 Aug, this would be 21 Dec. If you didn't give notice 28 days earlier than 21 Dec, the agency has therefore continued, and after 21 Dec either you or they can then terminate with 28 days notice (or go multiple agency, or you appoint another agent)

The contract says a withdrawal fee is payable, without specific limitation to the 20 week initial agency period. You're withdrawing from the contract, wherein the agency has actually continued beyond this period.

IMHO, the fee is therefore payable.

googler

Tom99 wrote: »

You are ending the contract with 28 days notice you are not withdrawing from the contract.

How do you draw the distinction between the two, given there's no mention of 'ending' in this contract?