Yopa charging for not using there solicitors when selling, is this right?

bigjoe90

We just a valuation yesterday and everything went well.
Shortly after the Yopa agent visit they sent us an e-mail with the packages they offer to sellers.
However below the packages was this line 
"If you wanted to pay upfront and use your own solicitors, you would need to add £250 on to each package."
Firstly I've known any seller to pay estate agent fees upfront before is this a new thing?
And can they charge us for not using there recommend solicitors?

Many thanks in advance for your replies.

Flugelhorn

Some like YOPA and others have the model of paying  upfront - however they get the money whether they sell or not so may reduce the incentive to sell. The amounts are less than standard EA but you get what you pay for

I have seen agents including normally chargeable "extras" in their packages if you use their conveyancers (they get a referral fee) - to be avoided at all costs.  So you are effectively paying for using your solicitors then as many of the "extras" would have been included in other agents packages

eddddy

bigjoe90 said:

And can they charge us for not using there recommend solicitors?

Yes - as they've clearly explained the charge before you've entered into the contract, it's legal to do that.

But using the words "their recommended solicitor" might be a misleading - it's not really a "recommendation". It's more like "the solicitor who has agreed to pay them a referral fee".


In simple terms, if you go with their chosen solicitor, the solicitor will pay the estate agent a referral fee - maybe £250.

So if you don't go with their chosen solicitor, the estate agent wants you to pay them £250 instead.

Albermarle

Flugelhorn said:

Some like YOPA and others have the model of paying  upfront - however they get the money whether they sell or not so may reduce the incentive to sell. The amounts are less than standard EA but you get what you pay for

I have seen agents including normally chargeable "extras" in their packages if you use their conveyancers (they get a referral fee) - to be avoided at all costs.  So you are effectively paying for using your solicitors then as many of the "extras" would have been included in other agents packages

I know it is normally said not to use conveyancers recommended by the Estate agent,
However if they are a normal local solicitors practice, and they are not working for the buyers as well, and the quote is competitive ,then not sure if that is really a problem ?

user1977

Albermarle said:

Flugelhorn said:

Some like YOPA and others have the model of paying  upfront - however they get the money whether they sell or not so may reduce the incentive to sell. The amounts are less than standard EA but you get what you pay for

I have seen agents including normally chargeable "extras" in their packages if you use their conveyancers (they get a referral fee) - to be avoided at all costs.  So you are effectively paying for using your solicitors then as many of the "extras" would have been included in other agents packages

I know it is normally said not to use conveyancers recommended by the Estate agent,
However if they are a normal local solicitors practice, and they are not working for the buyers as well, and the quote is competitive ,then not sure if that is really a problem ?

Still a bit of a conflict of interest, given their cosy relationship with the agent is much more important to them than whether they're giving decent advice to the OP. They'll feel the need to helpfully push the transaction through, even if it's on terms which the OP should be advised against.

Flugelhorn

Albermarle said:

Flugelhorn said:

Some like YOPA and others have the model of paying  upfront - however they get the money whether they sell or not so may reduce the incentive to sell. The amounts are less than standard EA but you get what you pay for

I have seen agents including normally chargeable "extras" in their packages if you use their conveyancers (they get a referral fee) - to be avoided at all costs.  So you are effectively paying for using your solicitors then as many of the "extras" would have been included in other agents packages

I know it is normally said not to use conveyancers recommended by the Estate agent,
However if they are a normal local solicitors practice, and they are not working for the buyers as well, and the quote is competitive ,then not sure if that is really a problem ?

Just remember the quote is good and there is still likely to be a referral fee paid by the solicitor (out of your money) to YOPA - it means that they are doing the work for much less than anyone else - watch out for extras, who does the work etc etc 

bigjoe90

Thanks guys for the advice, it is greatly appreciated! 

GrubbyGirl_2

The market is pants at the moment so they will want your business.  I have never sold a house where I have not negotiated the terms whether that be the length of the contract and/or the percentage of fee.  Negotiate it away.