estate agent court

smudger1946

Hi All,
Decision time, i put this problem up some mths ago.
I sold my home through an estate agent that i had as multi agency, sale went through ok and i paid the agent there fee.
Then i had a bill from one of the other agents claiming there fee too, the reason for claim is that some months before they had introduced the buyer to my home in the first place, as there t&c state and they do, they have a right to there fee, i hadnt read or would not have understood the t&c.
I have tried all ways to get them to drop claim, i have made an offer of half ther fee just to get rid of them, didnt work, they are going for the throat.
I have court papers now, i have a choice of defending myself, or paying up, this is in writing in the first insatance.
I want to send them off today.

I know i should have read t&c but i didnt, and wouldnt have thought this type of clause would be allowed , a catch out clause this day and age.
As i had no control over who the buyer bought from.
I have also sent all details to ombudsman.
Any advice would be appreciated.
Smudger

PasturesNew

Ignorance is no defence in law.

Don't be hasty in rushing that off, there are a brilliant 2-3 legal types here that will be able to give you some good specific advice and perhaps an idea of how best to tackle this to get off with the least financial damage.

Good luck!

chickmug

smudger1946 wrote: »

Hi All,
Decision time, i put this problem up some mths ago.
I sold my home through an estate agent that i had as multi agency, sale went through ok and i paid the agent there fee.
Then i had a bill from one of the other agents claiming there fee too, the reason for claim is that some months before they had introduced the buyer to my home in the first place, as there t&c state and they do, they have a right to there fee, i hadnt read or would not have understood the t&c.
I have tried all ways to get them to drop claim, i have made an offer of half ther fee just to get rid of them, didnt work, they are going for the throat.
I have court papers now, i have a choice of defending myself, or paying up, this is in writing in the first insatance.
I want to send them off today.

I know i should have read t&c but i didnt, and wouldnt have thought this type of clause would be allowed , a catch out clause this day and age.
As i had no control over who the buyer bought from.
I have also sent all details to ombudsman.
Any advice would be appreciated.
Smudger

In what way did the other agents introduce the buyer. Merely sent out the details or, and very important, did they arrange a viewing. If the latter you have a problem and if the former they would have no claim on the commission in my opinion. Are either agenst mebers of the NAEA, again very important, as they expect members to resolve disputes like this with each other. Even if it means the agent you have paid negotiates with the other agent so you end up not paying any more.

smudger1946

Thanks for contact,
Yes the agent did show the buyer property, although the buyer chose to go through another agent i had instructed.
Agent belongs to "OEA" thats all i know, i have sent all details to OEA aswell.

chickmug

smudger1946 wrote: »

Thanks for contact,
Yes the agent did show the buyer property, although the buyer chose to go through another agent i had instructed.
Agent belongs to "OEA" thats all i know, i have sent all details to OEA aswell.

What was the period of time from when the first agent showed them around to when you agreed a sale through the second agent. Usually EA's have a period in which they can claim rights but outside this period they would loose them. The period is usually six months after which the first agent would be expected to give up their rights to expect any commission.

smudger1946

5 mths. from view to making an offer with other agent, wot a bummer!

chickmug

smudger1946 wrote: »

5 mths. from view to making an offer with other agent, wot a bummer!

http://www.oea.co.uk/code_of_practice_sales.htm

Download the pdf and look at at section 3m 3n 3p which covers fee entitlement and liabilty. I think perhaps 3n is the one where the first agent may be in breach as I assume they didn't make it clear?

But do find out if either, or both, agents are members of the NAEA and I will give further opinion as the NAEA have their own quirks with rules.

smudger1946

I have been on NAEA web site, i dont think either are registered with them.
other info sounds interesting but i dont think this will help unless we end up in court, which i am trying to avoid if poss. they are also claiming 8% daily on there fee, which is a bit harsh as this is on £4000 +.
Thanks for advice, if you have any other ideas i would be pleased to hear them.
I have to return court papers by monday though, either paying or defending the agents claims.
Regards Smudge

chickmug

I think you need to be asking a solicitor if it is that advanced. My experience of EA's is that will will fight for every penny if they feel they are right and that they are not in breech of any of the legislation.

pinkshoes

Have you spoken to the purchaser on why they used the second agent instead of going back to the first? Perhaps they thought they were rude, and didn't want to deal with them again, thus forcing them to go through the second agent later on.

smudger1946

No i dont want to involve buyer, I HAVE BEEN TOLD SHE IS ELDERLY, i dont think it would change anything either.
Its the "catch out clause" that is the problem, i wont use contracted e/a again though.