Who pays?

Laura327

Hello,

Looking for some advice. My ex and I split we have a house which he resides in I moved out with our child, we are still trying to sort out a separation agreement with our solicitors so it was agreed the house would not be placed on the market until this was sorted, however He has gone ahead and put the house on the market with a local agent. I did not agree to this happening or that the agent he used was the one I would have wanted to use. I understand the house cannot actually sell without my signature, however my question is am I liable for half of the selling fees when I did not agree with the house being marketed at this time? I have had no contact or seen any paperwork from the agent. Thank you

FleetwoodSnipa

My brother was in a similar situation and my understanding is that any agreement or contract that your ex has with the selling agent will only have his signature and he will be solely liable for any fees or costs. You are also correct that the property cannot be sold without your signature so I am surprised he has gone ahead.
You state that it was agreed with solicitors that the house would not be sold as yet so my advice would be to get your solicitor to write a letter to your ex advising of this and ask that the agent are instructed to desist. Good luck.

Comms69

Laura327 wrote: »

Hello,

Looking for some advice. My ex and I split we have a house which he resides in I moved out with our child, we are still trying to sort out a separation agreement with our solicitors so it was agreed the house would not be placed on the market until this was sorted, however He has gone ahead and put the house on the market with a local agent. I did not agree to this happening or that the agent he used was the one I would have wanted to use. I understand the house cannot actually sell without my signature, however my question is am I liable for half of the selling fees when I did not agree with the house being marketed at this time? I have had no contact or seen any paperwork from the agent. Thank you

Are you really going to argue over the tiniest amounts of money??!!...

Laura327

So instead I should just let him do as he pleases? Let him call the shots on everything? Should I also roll over and allow him to pay £200 a month less than he should in child maintenance? This is the reason the separation agreement has not been completed yet. There isn!!!8217;t a great deal of equity in the house anyways £5000 each we will get if it sells for the proposed selling price, he wants to sell quickly so he can move in with his gf. He has ignored my wishes and even his own solicitor he signed up for deluxe sales package which will this agent has assured him will make the house sell in a few weeks and which is double the price of the standard sales package and I don!!!8217;t see why I should be liable for that when I didn!!!8217;t agree to it?

Comms69

Laura327 wrote: »

So instead I should just let him do as he pleases? Let him call the shots on everything? - so it's nothing to do with the money then. Should I also roll over and allow him to pay £200 a month less than he should in child maintenance? - is he doing that? This is the reason the separation agreement has not been completed yet. There isn!!!8217;t a great deal of equity in the house anyways £5000 each we will get if it sells for the proposed selling price, he wants to sell quickly so he can move in with his gf. - so is this a jealousy thing? He has ignored my wishes and even his own solicitor he signed up for deluxe sales package which will this agent has assured him will make the house sell in a few weeks and which is double the price of the standard sales package and I don!!!8217;t see why I should be liable for that when I didn!!!8217;t agree to it?

But 'double' could mean anything.


You would have to pay to sell the house, you accept that.


So the only argument is the amount.


Most agents are fairly similarly priced, the difference is unlikely to be more than £250-500, so in reality your quibbling over £125-250 - if not then you need to provide details

Cheeky_Monkey

The Estate Agent's bill is paid by the conveyancing solicitor upon completion from the equity so, yes, you will in effect be paying half.

If a buyer is found, do you intend to block the sale by refusing to sign the contract?

Laura327

My solicitor has advised that the house not be sold until the separation agreement is signed so yes I will block the sale until that is done

Comms69

Laura327 wrote: »

My solicitor has advised that the house not be sold until the separation agreement is signed so yes I will block the sale until that is done

How long do you expect it to take?!


House sale will take months
Separation agreement will take weeks (well it should do, depends on how amicable you both are)

InterestedParty2018

My understanding is:

- Agency fees are broadly the same, unless you use an online selling/DIY company. Please see the pros and cons of using "non-traditional agencies". I would suggest that in these circumstances you go the traditional way. Otherwise who will do the viewings? Will one of you be accused of sabotage etc?
- Agency fees are paid from sale proceeds, so yes, the cost will be taken from the profits, and therefore your share of the equity.
- I appreciate that you are striving for financial security for you and your child, however, the fathers obligation to make future child maintenance payments are not determined/influenced by the sale of the home.
- You have obviously agreed that the house is to be sold and that you are going to share the profits equally. (maybe get him to sign a document to support this.)
- As he is the one occupying the home, let him do the leg work for securing the agents, dealing with the viewing etc.
-If he has chosen an obscure agent with excessive fees and the home is being marketed significantly under value, then fair enough, kick up a fuss. If it is a high-street agency and the home is being marketed at a reasonable price, then just let him get on with it. The sooner you can move on and go your separate ways, you will be able to have your fresh start.

CurlySue2017

Laura327 wrote: »

So instead I should just let him do as he pleases? Let him call the shots on everything? Should I also roll over and allow him to pay £200 a month less than he should in child maintenance? This is the reason the separation agreement has not been completed yet. There isn!!!8217;t a great deal of equity in the house anyways £5000 each we will get if it sells for the proposed selling price, he wants to sell quickly so he can move in with his gf. He has ignored my wishes and even his own solicitor he signed up for deluxe sales package which will this agent has assured him will make the house sell in a few weeks and which is double the price of the standard sales package and I don!!!8217;t see why I should be liable for that when I didn!!!8217;t agree to it?

So basically, until he is backed into a corner and agrees the amount that you want in child support, you will block the sale of the house to argue over what is probably less than £250?

He probably has no concern for your wishes, you are not together anymore, why should he? It sounds like he just wants to move on as quickly as possible.

This could get messy!

Laura327

I!!!8217;m unsure how long it will take to sign the separation agreement he is dragging his heels over supplying pension details etc which is what it holding everything up.

It is one of these online agents he has used the package costs £1900 and has been taken out on credit (pay in 10 months)