Estate Agent claiming Fees for a sale they didn’t complete

ccfc1972

We currently have the same issue. We had our house up for sale earlier in the year, then took the house off sale a couple of  months later due to Covid. 3 months after we dis-instructed the estate agents, we had a knock on the door asking if we were still looking to sell. We decided to sell to this couple privately. Fast-forward a few months when the sale is about to go through and our old estate agent emails us informing us that they introduced the buyers to our property so they are claiming a commission. Apparently, the buyers did contact the estate agent but they didn't show them around the house as we took it off the market. They are claiming to have phone recordings of the buyers asking to view the property and in fact a recording of them calling me to say that the couple were interested in viewing. I have asked for these recordings but they have not replied now for a few weeks, so I am wondering if they do in fact have any recordings.

Anyway, as they did not show the house and had no part in negotiating the sale etc, do they have a leg to stand on?

Robbo66

ccfc1972 said:

We currently have the same issue. We had our house up for sale earlier in the year, then took the house off sale a couple of  months later due to Covid. 3 months after we dis-instructed the estate agents, we had a knock on the door asking if we were still looking to sell. We decided to sell to this couple privately. Fast-forward a few months when the sale is about to go through and our old estate agent emails us informing us that they introduced the buyers to our property so they are claiming a commission. Apparently, the buyers did contact the estate agent but they didn't show them around the house as we took it off the market. They are claiming to have phone recordings of the buyers asking to view the property and in fact a recording of them calling me to say that the couple were interested in viewing. I have asked for these recordings but they have not replied now for a few weeks, so I am wondering if they do in fact have any recordings.

Anyway, as they did not show the house and had no part in negotiating the sale etc, do they have a leg to stand on?

As per my previous comment 
Have a look at Foxtons Ltd v Bicknell & Anr and Woods Vs Palmer Snell in both cases it was ruled that the agent must prove it was the effective cause of the transaction - not merely an introduction.

ccfc1972

Thank you.