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AIBU?

Aibu - would you pay this estate agent

37 replies

mummyrabbitpeppapig · 30/04/2017 21:21

Signed up to sell my house with whitegates ( LB acting for whitegates on contract ) in Feb 16. In aug 16 LB changed to Steplow as now there are two 'partners' acting for whitegates. ( No new contract signed ). Long story short they are not v good have made at least two ( balls ups ) one time wrongly noting my for sale sign with under offer then after me telling them about this mistake, a couple days later adding a 'sold' sign. Ffs! Then a flurry of congratulation type messages from.neighbours friends etc. Felt a tad put out tbh to say the least so, in march this year I sent an email to terminate my contract. Thing is when I originally signed up the contract ( can't find it now )stated I had to pay £199 plus vat if I didn't sell with them and took it off the market with them. I'm wondering as the contract was over 12 months ago and with just one partner and now with a different ( joint ) partner / company am i obliged to pay. Glad you've read this far.

OP posts:
DancingLedge · 30/04/2017 22:00

Have they asked you to pay?

mummyrabbitpeppapig · 30/04/2017 22:01

Yes

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mummyrabbitpeppapig · 30/04/2017 22:04

They sent me a stroppy letter saying I've not replied to their request for payment and they are entitled to charge daily interest! I told them it might be a good idea to send me one first! ( I hadn't received any correspondence). I asked them for recorded delivery they said they will hand deliver ( this was Saturday). I received a hand delivered invoice and letter on the following Friday

OP posts:
bibbitybobbityyhat · 30/04/2017 22:06

Can you put it in plain English?

mummyrabbitpeppapig · 30/04/2017 22:08

?

OP posts:
Ginorchoc · 30/04/2017 22:13

What's LB?

mummyrabbitpeppapig · 30/04/2017 22:15

It's the original managers ( who signed the original contract) initials - sorry for the confusion

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Whosthemummynow · 30/04/2017 22:16

You need to request a copy of the contract

mummyrabbitpeppapig · 30/04/2017 22:16

Thanks. Will ring and ask on Tuesday

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mummyrabbitpeppapig · 30/04/2017 22:19

Thing is - if the original contract is with one person acting for whitegates, and now it's a partnership with her and another person( now called Steplow ), do I still need to pay or is that contract null and void due to new partnership?

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Ginorchoc · 30/04/2017 22:21

I'd request a copy but has the Whitegates agency changed to new ownership?

mummyrabbitpeppapig · 30/04/2017 22:22

Well that's the thing. The original manager is one half of the new partnership plus they are now called Steplow

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TheMysteriousJackelope · 30/04/2017 22:23

I am not in the UK and where I am the agreements usually have a time limit - if the realtor (what we call an estate agent here) doesn't sell within the time the contract ends. The seller can then decide if they want to re-sign up with that agent.

Is there a time limit on your contract?

mummyrabbitpeppapig · 30/04/2017 22:24

Will have to request original copy of contract to check.

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ICantDecideOnAUsername · 30/04/2017 22:26

I'm no expert but that seems like an odd contract. Why would they try to sell your house if they get paid anyway?!
Did they make it clear before you signed it?

Ginorchoc · 30/04/2017 22:28

Being nosey I just tried to google steplow estates agents and nothing came up? Usually it's a 12 week agreement.

mummyrabbitpeppapig · 30/04/2017 22:34

Ginochoc - they are Steplow acting for whitegates so I'm.not sure they would come up on Google..thanks anyway

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mummyrabbitpeppapig · 30/04/2017 22:36

Icantdecideonausername - they factor in the cost to cover photos and advertising costs. You don't pay it if you sell with them. Yes they made it clear but I didn't think it would be an issue as I was hoping to sell.

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Zampa · 30/04/2017 22:39

The contract may state that they are permitted to assign their interest in it. Once you get your copy, read through carefully.

mummyrabbitpeppapig · 30/04/2017 22:40

www.whitegates.co.uk/estate-agents-and-letting-agents/branch/cleckheaton

Scroll right to the bottom where it says Steplow

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mummyrabbitpeppapig · 30/04/2017 22:40

Zampa - please explain thanks

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DancingLedge · 30/04/2017 22:48

Sounds like they want the money.
Sounds like you might well owe it.

If the alteration was such as to make all their contracts void, a sensible business would have asked you to sign a new contract at that point.

A change in the ownership of shares in a company would not make their contracts void.
The dissolution of a company, and the formation of a new legal entity would .

If you know how , or can find someone who knows how, you could research the changes via Companies House. You would then still require legal advice.

Are you still looking to sell the house in the near future? If so, you need someone to go through the contract you signed with a fine tooth comb: sometimes contracts can be written in such a way that you can still be liable to pay the whole commission to an , EA, even if they weren't directly involved in the sale of your house. If so, £199+VAT IF it completely ends the contract- which you have not actually said- could be a price worth paying.

Ask Citizens Advice if they have someone who could go through the whole contract with you.

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DancingLedge · 30/04/2017 22:53

Ok , 2nd thoughts, change that 'would' to a 'might'

mummyrabbitpeppapig · 30/04/2017 23:03

It says ( if I remember correctly ), something along the lines of ' if you sell your property to anyone ( within the two week notice period (( which incidentally ended in march​ - and I STILL have a for sake board and they STILL have my home on RIGHT MOVE )) - sorry - I digress), with whom whitegates have out you in contact with, then I still have to pay whitegates even though I may be selling my house with another estate agent

OP posts:
mummyrabbitpeppapig · 30/04/2017 23:05

Sale. Not sake

Put. Not out

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