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AIBU?

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Original poster

Re House Sale

59 replies

Wow2806 · 19/04/2017 11:43

OK selling house had offer before Christmas accepted..
All questions everything done... Then last month as they are ready to sign there contract
They ask for a gas boiler check
This is done
I send certificate off to them then he has to urgently go abroad
Get a email saying he is back in UK and going to solicitors to sign yesterday
Phone call at 2.15... She is now in hospital.. And is expected to be there for 6 weeks
I'm thinking now I'm pulling had enough
Estate Agent says I'm still liable for there fees under ready willing and able buyer.
I think clearly they ain't... What do you all think

OP posts:
MovingtoParadise · 19/04/2017 11:50

Estate agent is talking crap, you are very likely out of contract with them and your buyer has dragged it out 6 months!

Give them a deadline and stick to it. Or at least get them to remarket it

JedBartlet · 19/04/2017 11:50

Can't see why you would be liable for their fees. Is your estate agent telling you that?

I would be considering pulling in your position as well OP, however would just the threat of it be enough to get them to sort it out?

Whatthefudger · 19/04/2017 11:52

Liable for the fees for what?

MaryPoppinsPenguins · 19/04/2017 11:53

You wouldn't be liable for the fees! The only way this ever happens is if you pull out after exchange.

Ikillallplants · 19/04/2017 11:55

I would think that for a buyer to be willing and able they should also be expected to proceed to exchange in a timely manner. I can't see a small claims judge awarding the agents their commission for a buyer who now can't complete for six weeks plus.

AnneBiscuit · 19/04/2017 12:07

Rather than pull out of the sale couldn't you just put your house back on the market. That way your buyers might stop messing you around.

FanaticalFox · 19/04/2017 12:09

The threat of pulling out might be enough for them to pull their finger out. Why is she in hospital for 6 weeks? Must be massively serious for that length of time. Was it a planned operation etc? I'd start asking some uncomfortable questions via your solicitor to their solicitor on the basis that you are trying to establish if they are in fact able buyers. This may be enough to get things moving or for them to pull out of the sale which is fine for you too!

SilverDragonfly1 · 19/04/2017 12:10

If they're dependent on her wage to pay the mortgage, they might end up pulling out anyway if she is seriously ill.

f83mx · 19/04/2017 12:10

Have you exchanged contracts yet? Surely your not liable for anything until then.

hellsbellsmelons · 19/04/2017 12:13

Tell EA that that's crap.
You want to put the house back on the market right now.
Spring time!
Great time to sell.
Property price might even have gone up a bit.
Get another EA round to value it.

SugarMiceInTheRain · 19/04/2017 12:14

Unless you've exchanged you won't be liable. I'd tell the estate agent it's going back on the market in 24 hours time. It's amazing how the threat of losing the sale/ purchase concentrates the mind Grin Feel for you OP, house buying/selling is so stressful.

unfortunateevents · 19/04/2017 12:15

Sounds like rubbish to me, at this stage presumably you have your own solicitor so double-check with them. Hopefully they can tell the EA to go take a running jump.

ThroughThickAndThin01 · 19/04/2017 12:15

What they all said. Unless you've exchanged you don't pay the agent.

JaneEyre70 · 19/04/2017 12:16

They're messing you around. We had a nightmare selling DH's fathers late property and what we learned the hard way is that if people are dithering, they aren't sure and 9 times out of 10 will pull out. Cut your losses, and put the house back on the market. You aren't liable for any costs whatsover if you haven't exchanged. I'd probably change agent too.

PuntCuffin · 19/04/2017 12:17

Read the small print of your contract with the agent. If you have a clause in there about ready, willing and able buyers, you could be held liable for their loss of commission if you pull out now.

EssentialHummus · 19/04/2017 12:17

I'm in the "ask for more info" camp. Assuming we're talking about England, you're not liable for anything pre-exchange - you've not got a contract between you yet.

Puffedsleevedress · 19/04/2017 12:18

If an estate agent finds you a buyer, but you pull out of the sale, you still have to pay the estate agent fees even though the sale hasn't gone through. This is standard practice in most contracts these days, or it is where I live! You need to check the wording of the contact you signed. My friend recently put their house on the market and found a buyer a week later. However, my friend then changed their mind about selling a few weeks later but was still liable to pay nearly 7k in agent's fees!

NotDavidTennant · 19/04/2017 12:18

You need to look at what it specifically says in your contract with the EA. Whether or not you have exchanged has nothing to do with the EA fees (unless it says so on the contract), I think people are getting confused with the deposit.

ThroughThickAndThin01 · 19/04/2017 12:19

Even if the contract says finding a buyer who is "ready willing and able" it should also say something like "fees due upon exchange" - i.e. No fees due at all if you haven't exchanged.

Maverick66 · 19/04/2017 12:24

Set a completion date. A solid non movable completion date for two weeks time.
If they want the house they will find a way.
You agreed to sell months ago. They have stalled at every opportunity. You are in control.
EA is working on the premise that he found you a buyer willing to pay the asking price.
However, whilst they agreed to your asking price they are unable or unwilling to complete the sale.

nothercupoftea · 19/04/2017 12:31

You wouldn't be liable for the fees! The only way this ever happens is if you pull out after exchange.

you are mixing up the fees due to the buyers, the deposit and possibly your solicitors, and the estate agent fees.

Check the contract with estate agent, in theory, yes you might be liable if you are the one pulling out. It's worth discussing with them.

Hereward1332 · 19/04/2017 12:40

Obviously the buyer is neither willing nor able if they are saying they cannot sign the contracts.

They sign by tomorrow or the house goes back on the market either with the same agent, or a different one.

AuntMabel · 19/04/2017 12:43

Fees are usually payable on completion, but it depends - have you checked your contract with the EA?

Put it back on the market and make your EA earn their fee.

innagazing · 19/04/2017 12:44

It would still be possible to exchange contracts with your buyers now- and set a completion date for after she's out of hospital, if that suits you.
If they're refusing to exchange contracts when all the legal stuff is ready, then you don't actually have a buyer willing to proceed with the sale, and the estate agent is on extremely dodgy ground! Can't see that holding up in court.
Give them a deadline of Friday midday to exchange, and put it back on the market in the afternoon if they don't.

YogaAndRum · 19/04/2017 12:44

If they wanted it, they would've signed by now.

Otherwise, why risk losing it?