Should I pay the estate agent their fee

Tom7879

Yes - I think I do.

How does it affect my position if I do?

Am i still losing in court like everyone else is saying?

Thrugelmir

Tom7879 wrote: »

Yes - I think I do.

How does it affect my position if I do?

Am i still losing in court like everyone else is saying?

Courts do not make judgements on heresay or opinion. Contractual law takes precedence. For very obvious reasons.

quantumlobster

Tom7879 wrote: »

Yes - I think I do.

How does it affect my position if I do?

Am i still losing in court like everyone else is saying?

If you can prove both the following:

1. The EA told you that they had a cash buyer and had sight of proof of funds
2. The EA did not have sight of proof of funds (i.e. they knowingly told you that they had sight of proof of funds when they did not)

...then you have a sliver of a glimmer of the reflection of a chance at winning.

But the EA will probably just say "Well, it looked like proof of funds to us! How were we to know it was a load of old pony? Do we look like solicitors, or something? Also, check the contract", and you will lose badly and publicly.

pinklady21

Have you tried raising your concerns about their conduct as a formal complaint? Check what Estate Agents body they belong to (if any) and look through their code of conduct. Which clauses apply in your situation where you believe the EA fell short?

I had a similar issue with my former EA last year. A national chain and they were completely incompetent. Also failed to properly qualify the "buyer"- who it also turned out had a house to sell overseas!
Anyway - I accepted the offer, but the sale eventually fell through after more than 4 months. I sacked the EA, and made a formal complaint.
It was dealt with by their head office, who awarded me some compensation on the grounds that the branch had not dealt with my initial complaint properly.
I complained again, and offered to pay a max 50% of their bill, they increased the comp on offer, but not to 50%.
After a bit, they started demanding the money, and threatening legal action.
I finally sent them a cheque for 50%, and advised that this would be full and final settlement, and that encashment of the cheque would confirm that they also accepted the matter as closed.
I have not heard from them since.

So - it may be worth a formal complaint. Be prepared to be knocked back. Persistence may or may not pay off for you.
Best of luck.

Tiglet2

If you write a letter of complaint to the EA's manager of the branch you dealt with, setting out your issues, they may offer you a reduction in their fees - likely to be in the region of £200. Better than nothing.

TBagpuss

Make a formal complaint and try to get them to agree to reduce their fee, in effect by offsetting any compensation you might get , against what you owe them. It sounds as though their service was poor but that they did ultimately deliver.

Tom7879

Thank you all for your advice - particularly the constructive advice on steps relative to making a formal complaint.

This whole episode has been a nightmare - we are meant to complete tomorrow and I might just pay them their fee so I can draw a line under it all and move on. My intention was never not to pay them - I just feel they should take some responsibility for their poor service. Yes they did deliver a buyer, so I will definitely pay them something - I will make a decision whether its all they are requesting.