PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Estate Agent Selling Fees - No work, breach of faith
Comments
-
I was using an example to illustrate why people such as myself might be frustrated with this kind of behaviour, and that it wouldn't be acceptable in other job markets. That it IS acceptable for EAs doesn't make it any less galling to fall victim to.
I know that I've made a mistake in signing the contract or not putting in writing some stricter requirements. It was a naivety that I regret now. I'm here to ask advice about what I could now do. Not that your current input isn't appreciated, but any advice on what could be done now would be ideal.0 -
Really, the bottom line is...
- If the EA introduced the buyer, you owe them the full fee
- If the EA didn't introduce the buyer, you don't owe them anything
But... there was the 'famous' Foxtons v Bicknell appeal court case about the definition of 'introducing a buyer'.
https://uk.practicallaw.thomsonreuters.com/4-381-4357?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1
In that case, the court ruled that even though an EA arranged a viewing, they had not introduced the buyer to the sale, but I'm not sure that your case is as strong.0 -
I remember reading an article about a very similar case a few years ago where agent one did the viewing but the offer was made via agent two who then progressed the sale through to completion. Agent one took the vendor to court but lost as the judge sad that by just doing the viewing and nothing else doesn't entitle the agent to the fee.
Sorry cant remember where I saw it0 -
I remember reading an article about a very similar case a few years ago where agent one did the viewing but the offer was made via agent two who then progressed the sale through to completion. Agent one took the vendor to court but lost as the judge sad that by just doing the viewing and nothing else doesn't entitle the agent to the fee.
Sorry cant remember where I saw it
Ummmm.... look at the post immediately above yours!0 -
Really, the bottom line is...
- If the EA introduced the buyer, you owe them the full fee
- If the EA didn't introduce the buyer, you don't owe them anything
But... there was the 'famous' Foxtons v Bicknell appeal court case about the definition of 'introducing a buyer'.
In that case, the court ruled that even though an EA arranged a viewing, they had not introduced the buyer to the sale, but I'm not sure that your case is as strong.
Thanks Eddddy, that's really useful. The one EA just took the initial call to arrange the viewing, but they did not send an agent to show them around the property. That's the extent of their involvement, other than calling me to ask for money.0 -
Chuckleboy wrote: »The one EA just took the initial call to arrange the viewing, but they did not send an agent to show them around the property. That's the extent of their involvement, other than calling me to ask for money.
That's a very dodgy argument... you're saying the EA managed to find a buyer in one day with one phone call.
Isn't that a sign of an excellent EA? Isn't that what every seller would ideally want?
Your only complaint seems to be that they didn't call the buyer back in a timely manner. But if they had called back, presumably the buyer would have offered through them.
Then you would still have to pay PurpleBricks. So the EA's failure to call back hasn't cost you any extra money.
If you want, you can complain to the EA, followed by a complaint to the EA's redress scheme (often the Property Ombudsman https://www.tpos.co.uk/), but I wouldn't hold out too much hope.0 -
The buyer contacted them for the viewing, as she'd seen my property advertised twice on the same website, and theirs was the lower amount. They then arranged a time for the viewing. I'd already received multiple viewings from my other EA, I only went with the offending one as they promised I would receive more money which I didn't, so I would argue not calling did cost me money.
Not calling back in a timely manner is something I'm not happy with, or returning her calls over two days, or contacting me or anyone else until an offer had been made and accepted externally to them (about three days later).
My agreement with PurpleBricks is that I have to pay them regardless, which the EA knew when asking me to sign the contract. By not doing their job, they have essentially made me liable for two lots of EA fees without the extra money which they assured me they would earn, and would have made it okay. I feel they've abused the terms of the contract and verbal agreements made.
To summarise:
1. I was harassed with multiple phone calls and visits at home into signing a vague contract with the promise that they would earn over my asking price (and yes, I know I chose to sign, and yes, I regret it).
2. After signing this contract, they did the bare minimum to assure themselves the fee, advertising my property somewhere it was already advertised at a lower price, and arranging a single viewing.
3. They did not respond to phone calls or messages about an offer for multiple days, attempt to make contact with myself or the viewer about how it had gone and if she wished to make an offer.
4. Once the offer had been accepted externally under my asking price, they then contacted me to ask about payment. So there was some awareness that an offer had taken place but no willingness to actually uphold what they said they would do.
I appreciate the responses, it helps get things clearer in my head. I will complain to them and perhaps the ombudsman depending on how that goes.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.9K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards