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    • Lorry72
    • By Lorry72 9th Oct 16, 10:27 PM
    • 1Posts
    • 0Thanks
    Estate agent process with joint owned property
    • #1
    • 9th Oct 16, 10:27 PM
    Estate agent process with joint owned property 9th Oct 16 at 10:27 PM
    Hi all.
    Some time ago when I was still with my ex he chose to change estate agents.The new estate agent did an Id check on him but not on me and proceeded to market the property.
    On top of this they were instructed sometime later to cease marketing the property which they duely did,however unbeknown to us put the property back on the market.
    Now my ex is being taken to small claims court by them.
    Before I write to the court please could someone confirm estate agents process when taking on a joint owned joint mortgage property.
    Thank you in advance
Page 1
    • G_M
    • By G_M 9th Oct 16, 11:08 PM
    • 44,049 Posts
    • 52,159 Thanks
    • #2
    • 9th Oct 16, 11:08 PM
    • #2
    • 9th Oct 16, 11:08 PM
    What claim are they making via the court?

    And if your ex is being taken to court, on what authority are you planning to write to the court?

    Do you have a copy of the contract with the EA? I suspect the validity of their claim (whatever it is) will depend on the contract.
    • eddddy
    • By eddddy 10th Oct 16, 12:23 AM
    • 6,301 Posts
    • 6,164 Thanks
    • #3
    • 10th Oct 16, 12:23 AM
    • #3
    • 10th Oct 16, 12:23 AM
    As G_M says, it's almost certainly a contractual issue.

    Presumably the EA is saying that your ex entered into a contract which means your ex now owes the EA money.

    If you want to challenge the EA's claim, it would have to be on the basis of something like:

    - Your ex didn't enter into a contract with the EA, or
    - The contract does not require your ex to pay the money to the EA, or
    - The EA breached the contract so seriously that the contract is rescinded

    What fee is the EA claiming is due? A withdrawal fee? A fee for introducing a ready willing and able buyer?

    (Joint ownership and mortgage isn't really relevant to your argument. If your ex instructed the EA without getting consent from a joint owner, the court will probably just think your ex is a bit foolish.)
    • Kynthia
    • By Kynthia 10th Oct 16, 1:15 AM
    • 5,125 Posts
    • 7,127 Thanks
    • #4
    • 10th Oct 16, 1:15 AM
    • #4
    • 10th Oct 16, 1:15 AM
    If you didn't enter into the contract with the EA then it's not anything to do with you. They will have a reason for taking him to court, almost certainly related to the contract he signed. He possibly signed something saying he was dole owner or had the authority to sell or agreed to a fee if withdrawing the property from their book and hasn't paid it. Without knowing we can't comment further but I don't think anyone's clear on what you would be writing to the court about, are you involved in his defense?
    Don't listen to me, I'm no expert!
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