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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Being asked to pay commission on a boat I gifted

29 replies

quietandcomplex · 30/07/2022 18:10

I gifted a sailing boat to an enthusiast who would not have been able to afford this boat otherwise.

I notified the broker that I had decided to gift the boat who acknowledged this with no further comment.

The boat had been for sale for a few years.

I asked the broker for the final winter storage bill but was met with an email to tell me he had reduced his commission bill and was I in agreement.

The original wording of his commission years ago was

"I can confirm we operate on the basis of Sole Selling Rights at a commission of x % of the sale price + VAT, subject to a minimum of £xxx + VAT.

Having gifted the dinghy this is the message I received -

".... bearing in mind you gave the boat to xxxxx for nil cost, I believe it would be harsh to charge you this amount.
In the circumstances and looking back on the work we did in trying to sell her, I am prepared to reduce our commission to £xx + VAT."

Having worked in property where I was paid commission only on a deal going through, I was really taken aback to receive this request for money.
Should I pay the broker his admittedly reduced commission bill?

I believe commission is paying on a percentage of the amount of the sale. In this case no money changed hands - so no commission.

Am I missing something?

Would be grateful for feedback, thanks

OP posts:
IncompleteSenten · 30/07/2022 20:27

You didn't sell the boat.

I'd argue that according to their t&c, the minimum fee is based on the selling of the boat.

Not sold = no fee due.

mrsjusticestain · 30/07/2022 20:29

Sole Selling Rights means that you have to pay a commission even if you, and not the agent, find the buyer. If I were the lawyer for the agent, I'd argue you didn't gift the boat, but rather sold it for zero, hence the minimum commission applies. And in the alternative that you were required to terminate on reasonable notice which you failed to give. And in the further alternative a claim in quantum meruit for the value of the marketing services provided.

mrsjusticestain · 30/07/2022 20:31

But if I were the judge I'd find in your favour Smile

LemonSunchines · 30/07/2022 20:36

It sounds fair to me OP

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