Estate agent fees

Rosesgirl

I have gone with a local estate agent and just wondering if anyone can advise if I want to withdraw from the sale and it's not the buyer withdrawing would I still be liable for the estate agent fees . The house is stc my ex has been given a council flat and I'm weighing up refusing to sell as I will ultimately be made homeless . The solicitor has realized I'm having second thoughts and has told me if I don't sign the paperwork by certain date she will advise all interested parties the sale is off and bill us for abortive work to date . 

george4064

Have you had a thorough read through the contract you signed between you and the estate agent? What does it say there?

eddddy

Estate agents contracts vary. So you need to read your contract.

Some contracts are completely "No sale, no fee" - so you can withdraw and not have to pay any estate agent fees.

Some contracts have "ready, willing and able buyer" clauses. i.e. The estate agent has introduced a ready, willing and able buyer - so if you withdraw you have to pay the full fee.


But if the buyer withdraws, you probably won't have to pay the estate agent. So some people might suggest that you make the buyers aware of the issues, delays, uncertainties etc - and maybe they'll decide to withdraw.

(Some estate agent contracts have other types of withdrawal fees as well.)



But FWIW, your solicitor takes instructions from you about what to say to interested parties and when (as long as your not telling your solicitor to mislead anyone). It's not for the solicitor to decide when to tell anyone that the sale is off.

AdrianC

Have you actually accepted an offer?

Rosesgirl

Yes we have accepted the offer and the buyer wants a legal commitment now but in retrospect I rushed in to deciding to sell because my ex wanted it but he's got a council flat and the reality is I'm having second thoughts and considering not giving my house up without a fight . I can't find the estate agents contract but I suspect if they have found a buyer they will want their fees. I don't have direct contact with the buyer so I can't communicate with him . I'm weighing up a solicitors bill but am frankly embarrassed to have to go directly to the estate agent to explain my position and if there will be fees to be paid .

[Deleted User]

Rosesgirl said:

Yes we have accepted the offer and the buyer wants a legal commitment now but in retrospect I rushed in to deciding to sell because my ex wanted it but he's got a council flat and the reality is I'm having second thoughts and considering not giving my house up without a fight . I can't find the estate agents contract but I suspect if they have found a buyer they will want their fees. I don't have direct contact with the buyer so I can't communicate with him . I'm weighing up a solicitors bill but am frankly embarrassed to have to go directly to the estate agent to explain my position and if there will be fees to be paid .

What sort of fight do you envisage? Can you afford to buy your ex out of the property because that would seem like the simplest solution? 

Assuming that you can’t afford to do this do you know that your ex can take you to court to force the sale. If the court deems you to have been unnecessarily obstinate then your ex’s legal costs and court costs can be deducted from your share of the equity. 

Rosesgirl

Yes I do realize that but it's something I'm weighing up. I'm not in a position to buy his share of the property. I've been advised by someone if he takes me to court the judge will probably look at the fact he has already been generously housed by been given a council flat (that's another story for another time) and the judge will not want to make me homeless when the other party has been housed and the judge will deny the sale and specify we will come back in such and such a date to review this situation.

[Deleted User]

Rosesgirl said:

Yes I do realize that but it's something I'm weighing up. I'm not in a position to buy his share of the property. I've been advised by someone if he takes me to court the judge will probably look at the fact he has already been generously housed by been given a council flat (that's another story for another time) and the judge will not want to make me homeless when the other party has been housed and the judge will deny the sale and specify we will come back in such and such a date to review this situation.

I don’t know who has been advising you but that is total codswallop and it certainly did not come from a solicitor. 

Thrugelmir

Rosesgirl said:

Yes I do realize that but it's something I'm weighing up. I'm not in a position to buy his share of the property. I've been advised by someone if he takes me to court the judge will probably look at the fact he has already been generously housed by been given a council flat (that's another story for another time) and the judge will not want to make me homeless when the other party has been housed and the judge will deny the sale and specify we will come back in such and such a date to review this situation.

Judge will rightly release the other party from being jointly liable for the current mortgage debt. Most likely award costs as well.  Being intransigent solves nothing. Not least that you ex remains part owner of the property. When you do need to sell he could be equally as intransigent. 

74jax

Rosesgirl said:

Yes I do realize that but it's something I'm weighing up. I'm not in a position to buy his share of the property. I've been advised by someone if he takes me to court the judge will probably look at the fact he has already been generously housed by been given a council flat (that's another story for another time) and the judge will not want to make me homeless when the other party has been housed and the judge will deny the sale and specify we will come back in such and such a date to review this situation.

Was this solicitor advice... That's certainly not the norm. 

ciderboy2009

The only time that the judge would be likely to make an order like that would be if there were children involved.