Estate agent wants £95 if I remove the property.

PrettyKittyKat

The estate agent we have used had the same clause. £150 for a photographer to come and take pictures. This is due regardless of whether the property is sold or not as someone had to come to take the pics, work has been done and a fee needs to be paid for this.

Smodlet

Yep. Caveat emptor applies across the board, not just to house purchases. I know reading the small print is a drag and am sure they make it so small to put people off but, even if you need a magnifying glass, it is a good idea to read it.

You will know for next time. £95 is a very cheap lesson in the grand scheme of things. Some cost tens of thousands, some even more.

System

What happens if the op was told there would be no fees payable in a "verbal agreement" and what happens if this is contradicted in the "small print"

davidmcn

jackskypath851 wrote: »

What happens if the op was told there would be no fees payable in a "verbal agreement" and what happens if this is contradicted in the "small print"

Depends whether they can evidence the verbal agreement and which of them was intended to take precedence.

Smodlet

"A verbal agreement is not worth the paper it is printed on." Law module of Business Studies, Day 1, donkey's years ago. Unless you have a recording of it, of course.

System

davidmcn wrote: »

Depends whether they can evidence the verbal agreement and which of them was intended to take precedence.

Smodlet wrote: »

"A verbal agreement is not worth the paper it is printed on." Law module of Business Studies, Day 1, donkey's years ago. Unless you have a recording of it, of course.

So the problem is that usually a verbal agreement is not witnessed making it difficult to enforce

Although if for example if several people witnessed a "verbal agreement" where a group of friends got together for a game of poker and they all witnessed a verbally agreed bet that would carry in law the same weight as a contract (Assuming that the betting circumstances was legal)

davidmcn

jackskypath851 wrote: »

So the problem is that usually a verbal agreement is not witnessed making it difficult to enforce

Although if for example if several people witnessed a "verbal agreement" for example where a group of friends got together for a game of poker and they all witnessed a verbally agreed bet that would carry in law the same weight as a contract (Assuming that the betting circumstances was legal)

Yes, but if they also had a contradictory written contract, does anyone have evidence of which was intended to apply?

System

davidmcn wrote: »

Yes, but if they also had a contradictory written contract, does anyone have evidence of which was intended to apply?

Interesting conundrum. So how would that get solved I wonder, would perhaps one take precedent over the other or would it be a stale mate and have to go to court for a judge to decide

A practical everyday example of this could be with regards to a written will.

Smodlet

AFAIK the written word almost always trumps any amount of hearsay. You can think this to death. What is, is and if your contract says you owe the EA £95, good luck getting out of paying that. I suggest your energies would be better directed elsewhere and, for the record, I despise EAs on principle.

cypher007

I think that the EA in question should make this charge plain and clear on there website. Not putting the line no upfront fees and free professional photography, the photography is one of the things they said the £95 is for. Well it’s either free or it ain’t.