Estate Agents Fees - What Should I Do?

MadOldMaz

I sold my house a few months ago and moved into rented accommodation. The money I raised wasn't enough to pay off all my debts - but at least all the cards have stopped chasing me!

The sale was very simple. Obviously I wasn't buying a house and I sold to people who were then renting too.

I used one of the estate agent chains that also offer other services and they did the conveyancing for the purchaser - but they were really slow and incompetent, so I asked my solicitor to deduct some of the agreed estate agents fees as a protest.

The solicitor refused but said she'd be quite happy not to pay them at all and to leave it to the two of us to sort out the payment. Accordingly the completion went through without the estate agent being paid from the proceeds.

I didn't wait to hear from the estate agent but immediately sent them a letter listing my grievances, saying that there was a conflict of interest in acting for both the seller and the purchaser, that I didn't think their service was worth the agreed amount and asking for their comments. I've not heard anything since! They've never asked for the fees, nor have they replied to my letter.

What would you do? The amount is nearly £3,000 and would obviously be a big help in paying off some more debt - but at the moment I don't feel I can do anything with the money. My friends are divided on the matter, some think I should write again and ask what's happening, on the basis that I need to know where I stand, others think I should leave well alone.

Sea78

I'm afraid I have no idea - might be worth contacting your local CAB for an app about this.

sea xx

Di-Dough

Im not an expert in this but I do know someone who was not happy with their Estate Agents and did not want to pay all the bill so they sent a letter saying that they had been unhappy with the service received and sent them a cheque for what they thought the service was worth saying that it was in "full and final settlement of the Account". The Estate Agents then cashed the cheque and nothing has happened since. Is it worth doing something similar?

If they send the cheque back it might be worth taking legal advice? As you say it is a lot of money and you dont want to spend it only to have to pay it later on.

Good Luck

Di

MadOldMaz

Thanks Sea and Di,

Di-Dough wrote: »

The Estate Agents then cashed the cheque and nothing has happened since. Is it worth doing something similar?
Di

I guess it might be - I was hoping they'd come up with a figure that I could argue about.

Di-Dough wrote: »

As you say it is a lot of money and you dont want to spend it only to have to pay it later on.

That's exactly what I'm worried about!

Funnily enough I hadn't thought about going to the CAB ... good idea!
Thanks Again
Maz

peb

This is not actually that unusual - what is unusual is no response given by the agents. Usually there is some negotiation and a figure is reached. If you don't have a response within, say another month, then i would suggest that you write again sending a cheque for what you think is the right amount. I'm not sure what your greviences are but look at their code of conduct and list what has been breached. An agent "acting" for both parties is acceptable, a firm of solicitors is under very specific circumstances. It is not acceptable for the same solicitor/conveyancer to act for both parties. If it is that you are unhappy with the buyers solicitor then I am afraid that is not something that you can complain about. Good luck and let us know what happens

MadOldMaz

Thanks for your reply Peb.

Your suggestion makes a good deal of sense ... although I guess a part of me is still wishing I didn't have to pay them anything!!

I know I'm on dodgy ground on the conflict of interest complaint - after all it's common practice. I still feel, though, that if an Estate Agent is charging a huge amount as a sole agent to sell your house - then making extra money from providing conveyancing to the sellers is only acceptable if it's reasonably efficient.

I made my complaint on the basis of "maladministration and inefficiency, resulting in undue delay" which I lifted from the estate agent ombudsman's web site. And I expected them to put up a fight.

I think it's a form of psychological torture ... this absence of any response!
It's more than three months now.

tifnstav

why not post on house selling and buying thread?

MadOldMaz

Thanks tifnstav.
I guess I thought you'd understand better on here, how frustrating it is, not knowing where I am with the money.