Estate agent charging a buyers fee

Mickey666

Our solicitor thinks its crazy that the EA operates this way and particularly after seeing the levels of service received, she thinks we are quite right to refuse to pay. As the fee has to be paid via the solicitor, she has also said that they have no legal obligation to pay the fee as they have not entered into a contract with the EA either. 

Wouldn't that formal legal advice trump any of the other comments in this thread?

GDB2222

Mickey666 said:

Our solicitor thinks its crazy that the EA operates this way and particularly after seeing the levels of service received, she thinks we are quite right to refuse to pay. As the fee has to be paid via the solicitor, she has also said that they have no legal obligation to pay the fee as they have not entered into a contract with the EA either. 

Wouldn't that formal legal advice trump any of the other comments in this thread?

You would wonder why the op asked here, particularly as she wants to hear a particular response.

[Deleted User]

GDB2222 said:

You would wonder why the op asked here, particularly as she wants to hear a particular response.

I was under the impression that this forum was for advice and for people to share their own experiences. To say I want to hear a particular response is wrong, I appreciate all of the responses that people have taken the time to write and have found them all to be very helpful.

Mickey666

Claire_L said:

GDB2222 said:

You would wonder why the op asked here, particularly as she wants to hear a particular response.

I was under the impression that this forum was for advice and for people to share their own experiences. To say I want to hear a particular response is wrong, I appreciate all of the responses that people have taken the time to write and have found them all to be very helpful.

Seeking advice is fine, it just seems a little odd to seek advice on a money-saving forum when you've already been given formal legal advice by your solicitor.

As for sharing experience, perhaps you should name the EA concerned so that we can be wary of having the same problem that you've encountered.  I've certainly never experienced an EA that charges a buyers fee, but perhaps it's a new trend?

AdrianC

Mickey666 said:
I've certainly never experienced an EA that charges a buyers fee, but perhaps it's a new trend?

"Modern method"...?

GDB2222

It's normal for the buyer to pay the estate agent in Germany. It seems to be purely a matter of convention whether it's the buyer or seller who pays.

In the OP's case, I assume she factored the fee into her calculation of how much to offer for the property.

Irishpearce26

The OP has deleted their profile...

Wanderingpomm

[Deleted User] said:

AdrianC said:

But you viewed, and you were given the information verbally when you viewed...?

All we were told was that there was a buyers fee, no further details. Reading the property ombudsman's code of practice it looks as though we should have been given further details/terms of business at the point of being advised of the fee. This is what I'm trying to find out, should we have been given this information?

How were you told? In email or his verbally? If it’s verbally they would have to prove they offered and you agreed for there to be a contract which I imagine would be impossible to do. 

Wanderingpomm

AdrianC said:

Claire_L said:

AdrianC said:

That seems fairly clear-cut to me, then. You placed the offer in the full knowledge that there was a fee, and the details of that fee did not seem important to you at the time.

You are now trying to get out of paying it on a minor technicality.

Could they refuse to hand the keys over? Probably not.
Could they then launch a court claim against you for the fee? Yes.
Would they win that claim? Probably.

How much is this fee, anyway?

I am not trying to get out of paying the fee at all. We have grounds to make a complaint against the EA for unprofessional behaviour throughout the whole process. Rather that paying the fee on completion we want to wait until our complaint has been dealt with to then pay the fee.

So you will be paying it whatever the outcome of that complaint...?

As we were not provided with their terms we are unsure where we stand on this. 

You weren't provided, and you didn't ask.

Do you now have a copy? Or have you still not asked? What does it say?

How much is it?

It doesn’t matter if they didn’t ask. T&C have to be advertised and provided for them to be legally binding. They could be on the wall of the office but only if the agreement was made in the office 

FaceHead

The agent can't prevent the completion of the sale, or refuse to release the keys. However, they can go after you in court for the fee, and win. They may or may not chose to respect an ombudsman which they may or may not be a member of.

If they are a member of an ombudsman, you can try to wriggle out of paying, although that is a bit underhanded. However many estate agents (and probably this one) are rather underhanded too. 

If it came to court, the Consumer Rights Act 2015 is very relevant. Handy guide here: Consumer Rights Act 2015 - Which?

"work done by professionals such as solicitors, estate agents and accountants....where the price is not agreed beforehand ... the service must be provided for a reasonable price."

Basically that can go after you in court for a 'reasonable price' and expect to win.