PurpleBricks - exit fee for using own conveyancing

neilmcl

mogoi said:

when the solicitor called me I told them straight away I was using my own.  A few days later I am called again, turns out my agent has agreed to it on my behalf (without my knowledge), again I said I am using my own.  As far as I know I never entered an agreement with them.

You chose to use their Pay Later, by choosing to use you own solicitor you've broken the T&Cs of that service and therefore the Pay Later service is no longer applicable and all relevant fees are payable.

I can't see you have any argument against that.

Aylesbury_Duck

mogoi said:

when the solicitor called me I told them straight away I was using my own.  A few days later I am called again, turns out my agent has agreed to it on my behalf (without my knowledge), again I said I am using my own.  As far as I know I never entered an agreement with them.

I'm sure you do have an agreement with them, after all, they're selling your house.  It seems that as neilmcl says, a fee is payable if you use your own conveyancer.  If the sales agreement doesn't specifically say that that fee can be delayed along with the product fee, they can ask for that part of the payment now.  

Jumblebumble

mogoi said:

I am selling my house with purple bricks and use deferred payment. I want to use my own solicitor and have been told to pay "exit fee", which they want asap. However I've read the terms and conditions and I can't find anywhere where it says I have to be it NOW, rather than later (when I pay their product fee).
I am pretty sure I can't win this one, but they keep throwing the terms and conditions book at me, so I'm throwing it back at them.

Am I in the right or not?

I assume that you understand that they want payment now so they don't have to chase recalcitrant non paying punters who have moved house later ?

mogoi

Jumblebumble said:

mogoi said:

I am selling my house with purple bricks and use deferred payment. I want to use my own solicitor and have been told to pay "exit fee", which they want asap. However I've read the terms and conditions and I can't find anywhere where it says I have to be it NOW, rather than later (when I pay their product fee).
I am pretty sure I can't win this one, but they keep throwing the terms and conditions book at me, so I'm throwing it back at them.

Am I in the right or not?

I assume that you understand that they want payment now so they don't have to chase recalcitrant non paying punters who have moved house later ?

I assume you understand that I am paying my Product fee once I've sold my house and that they can include the "exit fee" then.
They don't need to chase me, they can take what I owe from what I gain from the house sale.

sheramber

You asked  if you were  right or not.

Consensus is you are not.

 

jon81uk

mogoi said:

Jumblebumble said:

mogoi said:

I am selling my house with purple bricks and use deferred payment. I want to use my own solicitor and have been told to pay "exit fee", which they want asap. However I've read the terms and conditions and I can't find anywhere where it says I have to be it NOW, rather than later (when I pay their product fee).
I am pretty sure I can't win this one, but they keep throwing the terms and conditions book at me, so I'm throwing it back at them.

Am I in the right or not?

I assume that you understand that they want payment now so they don't have to chase recalcitrant non paying punters who have moved house later ?

I assume you understand that I am paying my Product fee once I've sold my house and that they can include the "exit fee" then.
They don't need to chase me, they can take what I owe from what I gain from the house sale.

No the estate agent can’t take anything only the conveyor, hence they normally only allow pay later if you use their conveyor.

mogoi

jon81uk said:

mogoi said:

Jumblebumble said:

mogoi said:

I am selling my house with purple bricks and use deferred payment. I want to use my own solicitor and have been told to pay "exit fee", which they want asap. However I've read the terms and conditions and I can't find anywhere where it says I have to be it NOW, rather than later (when I pay their product fee).
I am pretty sure I can't win this one, but they keep throwing the terms and conditions book at me, so I'm throwing it back at them.

Am I in the right or not?

I assume that you understand that they want payment now so they don't have to chase recalcitrant non paying punters who have moved house later ?

I assume you understand that I am paying my Product fee once I've sold my house and that they can include the "exit fee" then.
They don't need to chase me, they can take what I owe from what I gain from the house sale.

No the estate agent can’t take anything only the conveyor, hence they normally only allow pay later if you use their conveyor.

My point is that they will be paid once house sold. I will declare the Agents fee on my Conveyors Completion Statement, but if I didn’t declare it they would take this money from my credit card as they have my details.  

sheramber

 

No the estate agent can’t take anything only the conveyor, hence they normally only allow pay later if you use their conveyor.

My point is that they will be paid once house sold. I will declare the Agents fee on my Conveyors Completion Statement, but if I didn’t declare it they would take this money from my credit card as they have my details.  

Then presumably they can take it from your credit card now?

eddddy

Taking a step back, it seems that...

• You agree that the Administration charge of £360 is payable
• Your argument is over when it must be paid

Assuming they haven't changed their contract t&cs since you entered into a contract with them, they say:

IMPORTANT INFORMATION - PLEASE READ

If at any time you have agreed to take advantage of the Conveyancing Services and thereafter withdraw, fail or refuse to use the Conveyancing Services you will be required to pay Administration Charges once you agree a sale of your property.

So the fee is due "once you agree a sale".

The contract doesn't explicitly define what "agree a sale" means, but reading other bits of the contract, I think it's pretty clear that "agree a sale" means "accept an offer".

So if you've "accepted an offer", I think it's fair to say that the fee is now due.

mogoi

“If at any time you have agreed to take advantage of the Conveyancing Services”

I did not agree to take advantage of the conveyancing service.  They phone you and give you a quote.  You can then accept or decline.  I decline. Had I accepted I would not be posting on here.