Estate agent taking me to court

Irishjenn

Hi folks, I'm new here and was hoping someone could give me some advise. I have received a letter from an estate agent taking me to court for fees he thinks he is owed to him. The situation is I had a house I used to rent out and decided when the last tenant moved out I would like to sell it. I contacted a local ae and asked the general questions How's the property situation in the area, is there much selling etc etc and we agreed on the phone that the agent would go and have a look at the property so I left the keys with the receptionist a few days later. The agent went and looked at the house and then phoned me amd said yeah it's a good house etc and suggested I put it on the market for x amount of £ amd if I wanted to use him I'd have to pay a deposit of £200 .The agent advised he had cash buyers abroad who are buying property and letting it out etc and he would have a chat with them. I told the agent OK but I have a guy I know off coming to look at it the following evening , the guy was actually the brother of the tenant I used to rent to. The agent told me oh no don't do thst it'll all fall through etc, anyway I went to the property the following evening to meet the guy amd there was a for sale sign In my garden that the agent had put there, the slimey little crook obviously rushed around before I went back to the house and put the board up. I then showed the guy around and shook hands and agreed on the sale, he gave me his solicitors details and I vice versa. I called the agent the following day to say house is sold, he was not happy telling me not to do it and it would Fall through and that he had people that would would give me x I said sure that's 8k less that I've agreed, why would I take less? I said the deal is done, I am not going back on my word.
The estate agent then kept calling me acting as if he was selling my house, I told him to back off but still he key calling talking a load of n crap and trying to be pushy, and encouraging me to use his solicitor, he also give out my details to the solicitor and when they contacted me I told them I wouldn't be using them as I have my own solicitor. Long story short the house sale went through and the agent then called me looking for money for his fees. I told him he didn't warrant any money, he wasn't my agent, he ramstammed ahead even though I told him the house was sold in about 1 day from my first initial phone call with him. I have never met the guy, I've never seen, I have no Contract from him either verbally, in writing or email etc etc. To me the guy is a chancer. Anyway he has now sent a letter to my solicitor that I used to sell the house at their office address serving rites on me to take me to court. My solicitor sent him a letter saying I don't live there and thst the estate agent is fully aware I don't live there my property solicitor also wore to the courts to say this and also that the estate agent knew fine well I didn't live there.

Do you think this guy will win in court? He hassled me thst much on the phone a few months back a t I then said I would reluctantly pay him something for the board but no he wants like a £1000 and I told him nope sorry you arent getting It, that's the last I've heard from him until I received this solicitor letter.

I can't see how he has a leg to stand on but I'm pretty stressed about this whole situation.

What's yours thoughts please

Irishjenn

Ps, I never paid him the deposit as I sold the house the next day and never even had a chance to meet the estate agents.

davidmcn

I don't know what you mean by "serving rites on me to take me to court". Has he just threatened court action (which seems more likely) or has he actually served a writ on you?

dibblersan

ask him for a copy of your contract for his services

konark

You haven't received a letter from an Estate Agent taking you to court, the Court send you a letter telling you someone has taken you to court. You've received a solicitor's letter threatening court which is just an empty threat. If what you say is true it wouldn't hold up in courtt, you have no written contract with him and can prove the buyer was already known to you.



That said, it's pretty despicable behaviour, even by the low standards of the 'profession'.

eddddy

From the details in your post, it's difficult to tell whether the EA is just 'ranting and raving' - and should be ignored...

... or whether the EA is serious about pursuing you for payment, possibly to court.


If the EA is a member of The Property Ombudsman (TPO) scheme, based on your post, it sounds like the EA has broken the code of conduct.

So if you think the EA is serious about pursuing you for payment, you could complain to the Ombudsman. I'd expect the ombudsman would tell the EA that they cannot charge you.

See: https://www.tpos.co.uk/consumers/how-to-make-a-complaint

AdrianC

Did your contract with the EA give sole selling rights, or just sole marketing rights? Was there anything in writing naming this pre-existing prospective buyer?

silvercar

AdrianC wrote: »

Did your contract with the EA give sole selling rights, or just sole marketing rights? Was there anything in writing naming this pre-existing prospective buyer?

According to OP there was no contract.

LandyAndy

silvercar wrote: »

According to OP there was no contract.

At least not a written one.

eddddy

silvercar wrote: »

According to OP there was no contract.

LandyAndy wrote: »

At least not a written one.

The OP needs to be more specific about what happened.

For example, an approach used by a few EAs I've come across...

1) The EA 'casually' gives the OP a copy of their standard contract to read

2) A few days later, the EA asks the OP if they'd like the EA to sell their property

3) The OP replies "Yes" (but signs nothing)

A court (and the property ombudsman) might say that the OP was implicitly agreeing to the full terms of the contract.

(Whereas many sellers mistakenly think that they have not entered into a contract, because they haven't signed anything.)

System

There have been a few instances recently where EAs have taken people to court and the Judge has ruled in favour of the homeowner saying that an EA is only entitled to a fee if they can prove they were the driving force behind the sale and that simply just talking to someone/doing the viewing does not demonstrate this.


The most recent case is Wood VS Palmer Snell