Signed contract with agent with a capped comission, agent says pay full comission!

chappers

Seth to be blunt , your solicitor sounds like a total waste of time, has he given you any indication as to how strong a case you have and would he be willing to represent you, he basically sounds like he isn't interested.Find another solicitor and find out how strong your case is.
For the time being do you have a copy of the signed agreement as this seems to be what the whole case hinges on.
Don't take this as gospel but if this came to court i'm sure that a judge would look upon the EA as being stupid to sign something without reading it, particularly as they sent you the agreement via e-mail and you then asked them to sign an ammended version,also does your solicitor have the evidence that they agreed they were going to amemnd their system.
Get all your documentation and correspondance together and go see a decent solicitor.

chickmug

Not sure if this has been said before but why not consult CAB.

Also not had time to read the full thread other than to say I often read other threads where, on the same subject matter, half the advice given is right but half is not. So you shouldn't always take the advice on here as right.

seth

chickmug wrote: »

Not sure if this has been said before but why not consult CAB.

Also not had time to read the full thread other than to say I often read other threads where, on the same subject matter, half the advice given is right but half is not. So you shouldn't always take the advice on here as right.

Thanks looked this up on the CAB FAQ and it said in disputed courts default to the contract.

My local CAB only offers a drop in service during office ours, I've taken some time off next week to visit them.

I'm compiling a file this morning of all the correspondence. I'll take a copy of this to the CAB next week.

My dad has a friend who is a solicitor what said superficially it seems cut and dry, but he wanted to see the correspondence to date, which I'll post him today.

seth

chappers wrote: »

Seth to be blunt , your solicitor sounds like a total waste of time, has he given you any indication as to how strong a case you have and would he be willing to represent you, he basically sounds like he isn't interested.Find another solicitor and find out how strong your case is.
For the time being do you have a copy of the signed agreement as this seems to be what the whole case hinges on.
Don't take this as gospel but if this came to court i'm sure that a judge would look upon the EA as being stupid to sign something without reading it, particularly as they sent you the agreement via e-mail and you then asked them to sign an ammended version,also does your solicitor have the evidence that they agreed they were going to amemnd their system.
Get all your documentation and correspondance together and go see a decent solicitor.

I am printing all the correspondence and making some copies today to do exactly what you say! I can also call the law society to locate a decent litigation lawyer.

Interestingly a chap at work said that as the fixed price in the contract is much lower than the variable commission by over £11k so the EA has nothing to lose and everything to gain by pushing hard. I seem to also have a lot to gain by fighting this, and not much to loose (just the interest and legal fees for both side worst case)

Thanks Chappers you have been a voice of reason to me!

seth

This is the exact working on my home insurance..
Under Options Available this is what is listed in my home insurance, I paid for legal cover when I took out the insurance.

Legal Expenses
Legal expenses for the pursuit of a claim
following death or injury, a breach of your
contract to buy or hire goods or servces, a breach
of your legal rights relating to the ownership or
occupation of your home and a breach of your
contract of employment.

On the right of the legal expenses cover show above, there is a section with the title:

Significant Exclusions or limitations
Cover is limited to £50,000.
Defence of a claim unless this involves your sale of goods over £125 in value.
Covers legal costs incurred by one of our panel solicitors until court
proceedings are issued. If proceedings need to be issued or if a conflict
arises you may choose your own solicitor if we approve them.
Exclusions are shown in the 'household legal expenses' section of the
Document of Insurance.

What is not clear to me is if the house I sold can be considered "goods", it is not a "service" and it is worth >£125 so I might be covered for defending the claim.

I took the insurance out BEFORE completion at the point of EXCHANGE as my solicitor advised me to do this, so the insurance cover started before I had sold the house or purchase the new one, but AFTER I had signed the contract with the EA.

I'll call my home insurance company's solicitors and send them a copy of the file of correspondence.

chickmug

seth wrote: »

Thanks looked this up on the CAB FAQ and it said in disputed courts default to the contract.

My local CAB only offers a drop in service during office ours, I've taken some time off next week to visit them.

I'm compiling a file this morning of all the correspondence. I'll take a copy of this to the CAB next week.

My dad has a friend who is a solicitor what said superficially it seems cut and dry, but he wanted to see the correspondence to date, which I'll post him today.

I am in the business and know some agents that will go all the way to get what they feel is rightfully theirs.

I know other agents that know they are trying it on and get to the last possible point and offer a much reduced figure and usually get this payment,

I know the good ones who recognise the effects of bad publicity and who will do everyting, if they feel they are right, to come to a mutually agreeable settelment.

The trouble is that the money, to you, may be a big amount in your life but to some EA's is just a risk worth taking for the potential reward.

seth

I asked a solicitor who I've know for years (not the one who did our conveyancing) who is dealing with everything directly.

I also put in a complaint to the Estate Agent Ombudsman Scheme and the National Association of Estate Agents, also my old local authority have a trading standard section that deal with contracts with consumers, so they are looking into this too..

The Agent has asked for a settlement that is not their full 1.4% so we seem to be heading in the right direction.