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Legal matters

legal bods - where do i stand wrt estate agent

13 replies

DelGirl · 27/06/2012 17:44

I can't be bothered to name change even though I am kicking myself.

In a nutshell, I live abroad but in January I put my house on the market.

I was ready to go with one agent but decided on another at the last minute. Went in to sign the paperwork and saw that the fees weren't as agreed as I was quoted 1.25 plus vat as 3 other agents were offering the same. They had quoted a fixed fee.

I queried it but stupidly signed as they said not to worry, it was on their paperwork but this figure was just for their results or something like that. This conversation was between myself, the lady who took on the property and the manager. I was with dd at the time and in a hurry Blush

I have now sold and completion is this Friday. When the fee came up I spoke to the Manager at the EA. The girl who agreed it has now left but he said he would talk to her. They have sent an invoice to the solicitor for the higher amount. Is there anything I can do. The solicitor has said they won't pay it unless i'm happy with the figure. Could kick myself for being so trusting. It may all come out in the wash............

tia

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DelGirl · 27/06/2012 17:44

Oh and they're a national company not an independent.

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DelGirl · 27/06/2012 18:28

bump

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DelGirl · 27/06/2012 21:30

o

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Collaborate · 27/06/2012 23:08

It's a question of proof. Pay the lower amount and see what they do.

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DelGirl · 28/06/2012 06:44

thanks, the fee is supposed to be paid via the solicitor. I guess I could pay the lower amount and it would be up to the EA to chase for the remainder. Not sure if the solicitor would agree to that. I don't want to give myself more trouble but they're the ones in the wrong.

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Collaborate · 28/06/2012 07:31

The solicitor will only pay the estate agent if you tell them to. It's not like them paying off a mortgage on sale.

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tiddleypompom · 28/06/2012 07:38

I think you'd be relying on good will from your EA in respect of accepting a lower fee despite legal contract stating otherwise. Is the other member of staff still working there and can they verify your previous conversation? Might be worth another call to manager & ask for amended invoice to be issued - otherwise their finance bods (poss in separate location given national firm) will simply see a deficit and may keep after you for full payment.

Worst case I'd suggest you pay it - IMO the cost is less of a long term issue than a creditor. I feel for you - we've all been distracted by our dc & I know you're kicking yourself now.

Good luck.

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Collaborate · 28/06/2012 09:15

In that situation, when signing the contract, always write something on about the terms being amended, and how they were amended. It only takes a few seconds.

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suburbandweller · 28/06/2012 10:35

Does your contract with the EA say anything about it being the entire agreement between you? In English law at least, if prior representations are not excluded by such an "entire agreement" clause then you have an argument that the written agreement isn't reflective of the agreement actually reached. I would be minded to pay the lower amount and see what happens, although if you can't prove the conversation it might be difficult if the EA issues a claim against you (which they might not do in any case if you're only talking about a few hundred).

Where in the world are you?

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DelGirl · 28/06/2012 12:50

thanks all, its actually uk property i'm selling. Just had an email from the sols and they've said they're obliged to pay the invoice amount but won't do so without my say so. I'm loathe to get into another convo with the EA nice as he is. Was wondering whether to send an email.......as per our previous discussion and terms that were agreed on the day of signing bla bla bla? What do you think? Running out of time tbh and thinking I will have to chalk it up to more experience Sad but not just yet

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DelGirl · 28/06/2012 12:51

oh and the girl who took it on had been there for 7 years but left soon after she sold it.

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DelGirl · 28/06/2012 12:52

oh and the difference is £1500 Angry

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suburbandweller · 28/06/2012 13:26

Hmm, I would contact the EA in writing in that case (email fine). Set out the conversation you had and the agreement which was reached and say that you therefore believe their invoice to have been issued in error and that you would be grateful if they would re-issue for £x amount. Let them say why you are wrong. With any luck they'll accept what you say.

£1,500 is a lot of money but not worth going all the way to court on so you might get them to reach a compromise (e.g. meeting half way) even if they don't accept your position. Good luck!

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