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To not want to pay the EA who sold my mums house

(48 Posts)
Beeswax2017 Wed 25-Jan-17 15:57:48

Message withdrawn at poster's request.

LALALALALAND Wed 25-Jan-17 15:59:50

Have you posted about this before?

Put it back onto the open market with another agent.

You should never have accepted an offer before it was openly marketed in the 1st place as you need to test any market.

Pengggwn Wed 25-Jan-17 16:00:48

They successfully marketed and sold your property. Unless they are in breach of contract you do have to pay them. Perhaps you could enter a complaint about the other issues and request a discount on their fee.

Bluntness100 Wed 25-Jan-17 16:02:46

So they found you buyers, you signed a contract and you don't want to pay. You know that's not going to work. You need to pay on completion.

dylsmimi Wed 25-Jan-17 16:04:31

Sorry you have gone tbrought a rough time - where was your solicitor in all of this? A lot of these queries would be through them rather than the EA
Unfortunately when you are selling a house you often end up compromising just to get a sale which is especially hard when you are not close to the property
I don't really think they took advantage of you - you accepted the offer and equally could have pulled out at anytime
Now it's sold just pay the commission and try to forget about it

Greta84 Wed 25-Jan-17 16:04:52

He sold your property. If you hadn't engaged the EA you would have engaged another. Who knows if they had sold the property. The fact they had buyers available is part of being an estate agent. You and the buyer appear to be their client (in different guises) YANBU to be pissed off with the EA but they still sold the property when it fell through the first time. Another estate agent might not have known this landlord to sell the property to. What you're paying for in a fee is all of this - the network, the selling skills I.e upselling to one of their existing clients. Personally I would step away from it and pay the fee. Just don't use them again. Unfortunately business especially sales is often like this- it's about getting the deal done.

Wtfdoipick Wed 25-Jan-17 16:06:52

Have you actually exchanged now. I would put in a written complaint as they have been lying to you from the word go but you don't have enough grounds to refuse payment.

Creampastry Wed 25-Jan-17 16:07:26

Have you completed? If so, not sure what you can do. Have you outrightly asked if they know the buyer? If they do, possibly they should have declared this - potential conflict of interests?

TheNaze73 Wed 25-Jan-17 16:08:54

Do you post about this before??

Dashper Wed 25-Jan-17 16:09:21

You could instruct your solicitor not to pay the bill whilst you complain and ask the EA for a reduction in their fee due to the poor service. The solicitor will keep the money until you tell them what has been agreed.
Ultimately I expect you will have to pay at least half as you successfully sold to a buyer the EA introduced. I agree it's shit though.

littledinaco Wed 25-Jan-17 16:09:40

I think you should have pulled out when you were first unhappy with them and found another estate agent or raised any issues you had with them. I don't think that you can now just refuse to pay when you chose to go ahead and haven't raised these issues with them.
You could maybe submit a complaint listing the reasons you are unhappy as pp suggested and try to get a reduced fee.

MaxPepsi Wed 25-Jan-17 16:10:08

I read your other post.

I would pay but I'd do it very slowly. Let them waste their time in chasing you. Respond to their calls in the same manner they did. Tell them you have paid and let them get fucked off when they need to chase you again.

Petty yes but satisfying.

Snowflake65 Wed 25-Jan-17 16:11:05

You seem to be focusing all your annoyance at the Estate Agent and not the buyer or your solicitor who all have a part to play in this.

The solicitor should have been progressing the conveyancing and answering all the questions etc but if they don't then the agent sometimes has to push things through.

The buyer was right to request the property be emptied on exchange because at that point they are legally committed to the purchase and have to insure the property so wouldn't want thing in there and are prudent in viewing it to check that it is emptied.

I'm sorry that you have been through a bereavement but YABU.

Quartz2208 Wed 25-Jan-17 16:11:21

Unfortunately they have met the terms and conditions of your contract (they have sold the house) and therefore yes you have to pay them.

It sounds like you were not treated very well and I would not use them again but I have to say its common practice for it to be empty on exchange (surely if you were buying somewhere you could see that) and that the buyer often wants to know things about what he is buying.

Selling a house is horrible and it sounds like you were dealing with grief as well and letting go of that is what you need to move on. Pay them and forget about it dont spend anymore time worrying about it

Beeswax2017 Wed 25-Jan-17 16:12:39

Message withdrawn at poster's request.

tattychicken Wed 25-Jan-17 16:13:14

Have you exchanged? If not, pull out now and remarket with another EA.

DrudgeJedd Wed 25-Jan-17 16:17:03

I dont think that you would be unreasonable to complain to the EA about your treatment, you can't take your complaint to the Property Ombudsman until you've done this anyway. I agree with you that they appeared to be putting the interests of their landlord mates ahead of your interests. Unfortunately I think this happens a lot. Unethical behaviour seems to be the new normal

mummymeister Wed 25-Jan-17 16:20:26

you were conned, and you feel conned and that feels awful especially when it is a family home.

I say this because the EA have a list of buy to let landlords and cosy deals happen whereby they offer them first bite of any likely properties.

see it from the ea's point of view. no need to go to the expense of printing details just pass it straight on to someone who gets you your commissions time and time again with each purchase.

there is nothing you can do about this now except write to them and any trade association or body that they belong to setting out clearly what you have said above.

it does feel horrible but you have to make your complaint and then forget it and put it down to experience. perhaps someone else will read your post and learn from your experience.

specialsubject Wed 25-Jan-17 16:21:43

Houses aren't always empty on exchange - that would never work if someone was moving out, except in the bonkers exchange and complete on same day scenario.

I agree you have had some bad service, but is this the first time you have complained? And if you didn't want to sell to a landlord, you should have said so.

Dont dick about paying slowly and having to be chased. That is a filthy thing to do to a business. Write a letter stating your position and that you want a discount of x off the bill, and pay the rest.

Kewcumber Wed 25-Jan-17 16:23:30

You weren't treated well and they were obviously acting for the buyer rather than you. I would tell them this and say that would never recommend them to anyone as a result. Then pay the bill (automatically on completion) and move on.

I'm sorry you had to deal with this on top of losing your mother but if you'd been thinking clearly you would have put a stop to this much earlier and moved it to a new EA making clear to the new ones what the problem with the old ones was so it didn't happen with the new ones as well.

Venting on here is fine and may help you move on!

londonrach Wed 25-Jan-17 16:23:48

You have to pay if youve exchanged. However if buyers mucks you about again put it back on the market with another agency if your contact allows this.

dylsmimi Wed 25-Jan-17 16:26:13

To be honest re-reading your op the only thing to legitimately complain about would be the shouting in the street
Everything else - confusion over exchange and completion dates, queries and advising about emptying the property should be between the solicitors
I have no doubt they knew the buyer - afaik there is nothing illegal about this unless the buyer worked for them. It probably progressed your sale much quicker - without them having a buyer lined up you would no doubt still have viewers and be negotiating offers

BurningBridges Wed 25-Jan-17 16:26:38

I found the estate agent ombudsman to be very good but you must have written to the EA first - I think you'd get a discount one way or another. Can we just be clear though, you have sold the house, its off your hands?

confuugled1 Wed 25-Jan-17 16:26:58

Just out of interest why did you not insist that it was marketed properly? If an estate agent told me that they didn't need to because they had buyers on their books I would have been making sure I had at least 2 more quotes from different estate agents and would have insisted that it was marketed openly - the buyers on their books would have been welcome to put in offers and hopefully if 2 or more were interested it would have led to an increased price. I would also have got a friend to have rung them after 10-14 days expressing interest in your sort of property to make sure that they were selling it and giving out details rather than saying it wasnt available in order to keep the price down for their developer mates.

Did they at least give you a reduced rate to reclect the little work they were going to do?

If you've signed something then you are stuck. You coukd maybe try to talk to another estate agent locally to the house to see what price you should have expected and whether it is usual to not market things. Talk to your solicitor briefly as well to see if she thinks there is an issue. If so report them to the estate agent's professional body (hope you checked they were a nember!) and then see what happens. But you orobably need to check their complaints procedure first and make sure you send a for.al complaint to the EA as well as pay some and leave the rest of the fee with the solicitor until everything is sorted.

namechangedtoday15 Wed 25-Jan-17 16:28:21

I would have a look at the contract - there will probably be various paragraphs that refer to "service" and what they would do.

Go through it with a fine tooth comb - try to relate your complaints to parts of the contract where you feel they have let you down or not provided the service they were deemed to have.

For everyone saying they have fulfilled the contract by finding you a buyer - the contract involved much more than simply finding a buyer so if you feel they have not provided the service that is set out in the contract then call them on it.

FWIW, when we last sold, we sold really quickly (within a week of it going on the market) but the EAs were awful - yes they sent people round, but other than that, they provided a really poor service. They set out (for example) that they would put the property online before the Easter weekend. They didn't and we missed a glut of prospective buyers. The sales description that they put up initially was wrong with lots of mistakes in measurements, details about fittings etc - I ended up writing the sales description myself. The photos didn't match the description (i.e. photo was of the bedroom and it said "newly fitted kitchen".

Once we'd completed, I put it all in writing, referenced the clauses where I thought they have not fulfilled their part of the contract and set out that I would pay 75% of the fee. They disagreed, said I had to pay it all and eventually said the only way I could take it further was to contact the Ombudsman (I don't think they expected me to) but I did - I took my complaint to the Ombudsman, who ruled in my favour and I didn't have to pay it.

Getting you to completion is only one part of the contract.

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