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Original poster

If you back out of a house sale, do you still have to pay estate agent fee

43 replies

Mooshamoo · 03/07/2023 00:09

Hi I put my house up for sale.

I got an offer on it and accepted it. I haven't signed anything yet
For various reasons I'm considering backing out of sale, and taking house of market altogether.

My question is do I still have to pay the estate agent his fee.

I paid him 350 marketing fee upfront.

And I'm meant to pay him 2000 euro flat fee after house sells. I did ask him was it no sale no fee , and he sent an email confirming no sale no fee.

However I'm worried now that "no sale no fee " could mean if he fails sell the house. But could be argue in my case, that he did sell the house (received an offer) and I backed out. The estate agent gave me a massive legal document about the sale full of terms and conditions, and I'm trying to look through the small print.

If any of you took your house off the market did you have to pay the estate agent the full fee?
Or not? Thanks . As I'm worrying about this tonight

OP posts:
nancy2022 · 03/07/2023 00:11

Definitely. The EA did their part.

Original poster
Mooshamoo · 03/07/2023 00:13

nancy2022 · 03/07/2023 00:11

Definitely. The EA did their part.

Well that was weird. I'm not looking for your opinion. Or whether you think he did a job.

I'm asking for what is correct in current law .

And I'm asking people who have been through it what happened to them

OP posts:
Temporaryanonymity · 03/07/2023 00:16

Where are you? You mention euros.

OnTheRoll · 03/07/2023 00:16

We pulled out of a sale after accepting an offer because ultimately we couldn't find anything that suited us to buy as our next home. We looked for a while but there was very little on the market. We didn't pay any fees to the agent.

Original poster
Mooshamoo · 03/07/2023 00:17

Temporaryanonymity · 03/07/2023 00:16

Where are you? You mention euros.

I'm in republic of Ireland

OP posts:
EggInANest · 03/07/2023 00:26

Dud you not sign an agreement with the EA?
It will set out the T&C

Original poster
Mooshamoo · 03/07/2023 00:29

Yes I did. It is a 25 agreement with hundreds of vague t and cs.

It's hard to tell.

OP posts:
Original poster
Mooshamoo · 03/07/2023 00:30

*25 page agreement

OP posts:
WallaceinAnderland · 03/07/2023 00:33

Most EA terms are pretty clear in the contract that you sign. Have a read through and see what it says.

SarahDippity · 03/07/2023 00:33

My experience in ROI is that when the buyer pays their % deposit, that’s the money the agent takes the fee from. So my view is that no, you don’t owe the fee at this point. Has the buyer been sent a letter of offer?

Deathbyfluffy · 03/07/2023 00:35

Mooshamoo · 03/07/2023 00:13

Well that was weird. I'm not looking for your opinion. Or whether you think he did a job.

I'm asking for what is correct in current law .

And I'm asking people who have been through it what happened to them

Show quote history

Why is it weird? You asked, they told you.
If you want more specifics you should have mentioned that in your opening post

Avondale89 · 03/07/2023 00:37

Mooshamoo · 03/07/2023 00:13

Well that was weird. I'm not looking for your opinion. Or whether you think he did a job.

I'm asking for what is correct in current law .

And I'm asking people who have been through it what happened to them

Show quote history

We would need to read the contract you actually signed in order to tell you what you’re liable for under the contract.

Original poster
Mooshamoo · 03/07/2023 00:41

Deathbyfluffy · 03/07/2023 00:35

Why is it weird? You asked, they told you.
If you want more specifics you should have mentioned that in your opening post

Show quote history

Because her saying "yes because the EA did his job" is not relevant in any way shape or form. That's her personal opinion. Which does not relate to any facts.

EAs always do their job.

People often pull out of selling their house.

I wanted to ask people who had actually been through it, and who pulled out of selling a house what happened to them. What fees they had to pay.

OP posts:
ZebraDilemma · 03/07/2023 00:42

nancy2022 · 03/07/2023 00:11

Definitely. The EA did their part.

Don’t be ridiculous

Original poster
Mooshamoo · 03/07/2023 00:43

The EA kind of rushed me to put the house up for sale. I had just inquired about it and wanted to think about it for longer. He pushed me to put it up for sale quickly and he pushed me to accept the offer quickly aswell when I wanted more time to think about it.

Now Im just worried that I've landed myself with thousands of Euro in fees.

OP posts:
Original poster
Mooshamoo · 03/07/2023 00:54

Okay I think I found the relevant part in the contract. It says : the fee is to be paid to the estate agent on completion of the contract.

So I think if I pull out before the contracts are signed, then I don't have to pay the EA

OP posts:
Psiaspops · 03/07/2023 01:04

They can charge you a withdrawal fee, but again it would be in the contract, so it all depends if it's specified in the contract you signed

Original poster
Mooshamoo · 03/07/2023 01:08

It's a very unclear contract. With loads of vague terms in it. He definitely didn't sit down and specify things to me either.

EA's want your business, so the EA just tell you all the good things, not things that you actually need to know.

OP posts:
Psiaspops · 03/07/2023 01:17

Can you see anything in the contract about a ready willing and able purchaser clause?

Original poster
Mooshamoo · 03/07/2023 01:20

Psiaspops · 03/07/2023 01:17

Can you see anything in the contract about a ready willing and able purchaser clause?

At first read I can't see anything about a withdrawal fee , or a ready willing purchaser clause.

However it is 25 pages and I've just realised it is 1 in the morning (where did the time go) so I'll read through it again tomorrow

OP posts:
Original poster
Mooshamoo · 03/07/2023 01:20

Psiaspops · 03/07/2023 01:17

Can you see anything in the contract about a ready willing and able purchaser clause?

Thanks for that

OP posts:
Psiaspops · 03/07/2023 01:23

No problem. Hope you can get it sorted and hopefully won't cost you any more money.

PrincessofWellies · 03/07/2023 01:28

Even with a ready willing and able clause it's not cut and dried you would be liable for the full fee. The contract has to be read in conjunction with consumer law, but I'm afraid I'm unfamiliar with the law in Ireland. However it is part of the EU and I believe the EU do have unfair contract terms law enshrined in their legislation. Have a look on Bailii which includes Irelands legislation and search under Ireland, unfair contract terms. If it's along the lines of EU I believe they are able to charge costs to date plus an uplift for work done but that is all.

nancy2022 · 03/07/2023 06:18

I wasn't trying to be funny I thought I was answering the question.

Roselilly36 · 03/07/2023 06:32

If he’s confirmed no sale no fee, that would mean a completed sale, surely, he’s found you a buyer, but that doesn’t mean a sale, not sure if the system runs the same in Ireland, the English system is awful, either party can back out right until exchange of contracts, without penalty. The main thing is, you don’t want to proceed, so back out as soon as possible. Then see what happens, if he thinks he has a claim, let him bring it to you. Good luck OP.