Estate agent fees

Zighenlo

My property has been on the market for 17 months with 3 potential sales having fallen through. The estate agent has now taken it off the market saying that it has been on their books for over 12 months and their fee is now due within 7 days or it will be passed to debt collectors. There is no mention of a 12 month period in the contract and the contract also states that fees are due on completion of a sale. Where do I stand legally with this?

BarelySentientAI

You stand wherever the contract puts you.

If, as you say, fees are due only on completion and there is no 12 month period, then that's your answer.

propertyrental

Clearly this is where you stand:

Zighenlo said:

.....There is no mention of a 12 month period in the contract and the contract also states that fees are due on completion of a sale. Where do I stand legally with this?

eddddy

Zighenlo said:

...with 3 potential sales having fallen through. 

I don't want to seem too cynical, but what reason has the estate agent given for claiming their fee?

Are there some key facts that you haven't mentioned?



For example, is there a "Ready, Willing and Able Buyer" clause in the contract?

And is the estate agent claiming they have introduced a "Ready, Willing and Able Buyer" - but you withdrew from the sale?

And/or are there other fees mentioned in the contract, like a Marketing fee, a Withdrawal fee, etc.

Zighenlo

There is no 'ready, willing and able' on the contract. I didn't pull out of any of the potential sales, the buyers did. They say that they need the fee paying for all the work that they have done. After the initial valuation, they never visited the property again, I handled all of the viewings which were only 10 during the whole time it was on the market.  I have quoted their contract to them more than once which states 'fee on completion of sale' but they just get angry and say 'we need paying for the work we have done'

propertyrental

Ignore them. End of the day all they can do is take you to court where you will win.

Don't waste your energy or patience on responding.

RHemmings

Zighenlo said:

There is no 'ready, willing and able' on the contract. I didn't pull out of any of the potential sales, the buyers did. They say that they need the fee paying for all the work that they have done. After the initial valuation, they never visited the property again, I handled all of the viewings which were only 10 during the whole time it was on the market.  I have quoted their contract to them more than once which states 'fee on completion of sale' but they just get angry and say 'we need paying for the work we have done'

Have they said this to you in writing (including emails)? Or only verbally? 

eddddy

Zighenlo said:

There is no 'ready, willing and able' on the contract. I didn't pull out of any of the potential sales, the buyers did. They say that they need the fee paying for all the work that they have done. After the initial valuation, they never visited the property again, I handled all of the viewings which were only 10 during the whole time it was on the market.  I have quoted their contract to them more than once which states 'fee on completion of sale' but they just get angry and say 'we need paying for the work we have done'

Don't get dragged into discussions about how many times they visited the property, or who handled viewings etc.

That's all irrelevant, and it just distracts everyone away from the real issue.

And don't bother quoting their contract at them. Instead tell them to prove that you owe them money, by pointing at the clause(s) in the contract that says you must pay them.

Until they can point at the relevant clause(s), there's nothing to discuss.

Zighenlo

Thank you for all your comments, i really appreciate any advice as this is gettting me down and i dont have over a £1,000 lying around to pay them as i was expecting to pay it after selling as per thr contract.
RHemmings - The estate agents have said over the phone, in several emails as well as texting to ask for the fees to be paid 

Anthony147

eddddy said:

Zighenlo said:

...with 3 potential sales having fallen through. 

I don't want to seem too cynical, but what reason has the estate agent given for claiming their fee?

Are there some key facts that you haven't mentioned?



For example, is there a "Ready, Willing and Able Buyer" clause in the contract?

And is the estate agent claiming they have introduced a "Ready, Willing and Able Buyer" - but you withdrew from the sale?

And/or are there other fees mentioned in the contract, like a Marketing fee, a Withdrawal fee, etc.

This or something like it.
You need to check all the clauses relating to payment of fees as I also think there’s something we are not being told about it - My immediate view is that with three sales falling through - the agent is effectively saying we would have sold it BUT for something your end ….. So we deserve our fee, so the contract is everything.