Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Do I pay EA fees if I pull out of house sale?

57 replies

FatG · 26/09/2024 11:21

I’m selling a jointly owned house and plan to go with an estate agent to photograph and market the property and to conduct viewings. Have never used an EA to sell before so don’t know about their fees and if they all usually work in the same way. If they find a willing buyer and get an offer (maybe a few), do we have to accept it and pay the fee? I appreciate that the agents will have put in some hard work to advertise it and liaise with potential buyers to get to that point. I understand that the sale can be stopped at any point before exchange and I would not even consider pulling out at all after buyers have spent any money on surveys etc. Are EA fees payable only on completion?
YABU-EA fees are payable even if you pull out of the sale.
YANBU-It’s your house and if you don’t like the buyers they find you shouldn’t have to sell it or pay the EA fees.

OP posts:
PrincessofWells · 26/09/2024 13:20

The usual procedure is to get three valuations and use the average of the three to get to the price used for valuation in these circumstances.

Mildura · 26/09/2024 13:20

JudgeJ · 26/09/2024 13:14

Make sure that your contract states that the % fee is paid on the selling price and not the advertised price, we had an EA try this on and as they'd been fairly useless we argued it, successfully.

I'm not sure it makes any difference, sounds like the OP has no intention of selling the property.

RoachFish · 26/09/2024 13:24

PrincessofWells · 26/09/2024 13:20

The usual procedure is to get three valuations and use the average of the three to get to the price used for valuation in these circumstances.

That only works though if the valuations are fairly similar and they don't seem to be in this case. My exh got an estate agent to value our property at £225K under the actual value so even if I had got two valuations at the actual value the average would have been way lower that it should have been. I was told in situations like that you need a surveyor to do the valuation as they are obligated by law to give a fair valuation.

Staunchlystarling · 26/09/2024 13:35

FatG · 26/09/2024 12:10

Thanks, yes in England. I’m just not sure when I’m liable for fees. It makes sense that they’re actually paid on completion (when the money is available from the sale.) What I’m not sure on is whether I’m still obliged to pay when a good buyer is found, even if the sale doesn’t complete because of me.

Op think sensibly what’s the odds of buyers being found and he agrees ro not proceed and just let you have the house? You can’t force him to continue to own half.

MimiSunshine · 26/09/2024 13:35

FatG · 26/09/2024 12:40

I don’t want to sell but we can’t agree on the value because the house is in poor condition. We have had vastly different valuations (including EAs and rics). Ex reckons the house is worth loads and I need this to end quickly. I can afford to buy ex out and want to keep the home for our kids to live in weekdays and alternate weekends.

I’d just let it go on the market for what he thinks it’s worth and if by some miracle it sells at a high price then you both come out with more money.
but it probably won’t sell and then you could try again at buying him out for what you believe it’s worth

Staunchlystarling · 26/09/2024 13:36

MimiSunshine · 26/09/2024 13:35

I’d just let it go on the market for what he thinks it’s worth and if by some miracle it sells at a high price then you both come out with more money.
but it probably won’t sell and then you could try again at buying him out for what you believe it’s worth

I don’t think his valuation is why she can’t afford to buy him out, she’s never said that.

WiserOlderElf · 26/09/2024 13:39

Staunchlystarling · 26/09/2024 13:36

I don’t think his valuation is why she can’t afford to buy him out, she’s never said that.

No, she said she can afford to buy him out. She thinks the amount her ex is willing to sell for is too high.

Thistooshallpass24 · 26/09/2024 13:45

RoachFish · 26/09/2024 13:24

That only works though if the valuations are fairly similar and they don't seem to be in this case. My exh got an estate agent to value our property at £225K under the actual value so even if I had got two valuations at the actual value the average would have been way lower that it should have been. I was told in situations like that you need a surveyor to do the valuation as they are obligated by law to give a fair valuation.

At that much of a difference it would have been disregarded anyway and another valuation done and put in place.
The estate agents should have been reported to a higher authority.

Staunchlystarling · 26/09/2024 13:45

WiserOlderElf · 26/09/2024 13:39

No, she said she can afford to buy him out. She thinks the amount her ex is willing to sell for is too high.

Ah yes you’re right, my bad, she can afford it if it’s valued less than he thinks a lot less.

Mildura · 26/09/2024 13:53

Thistooshallpass24 · 26/09/2024 13:45

At that much of a difference it would have been disregarded anyway and another valuation done and put in place.
The estate agents should have been reported to a higher authority.

Estate agents don't carry out valuations though, they provide marketing advice. If you want a valuation you need to go to a surveyor.

Ohnobackagain · 26/09/2024 13:55

@FatG when I bought out my partner I had three Estate Agents value the house and also looked up what similar houses nearby had sold for. I did not put the house on the market - so I paid the Estate Agents for the valuations. One did it for free but I was upfront. This happens all the time. Don’t put it up for sale unless you intend selling it. At the time it cost £100 for each valuation and I was happy to pay. They put it in writing. Edited to add cost.

Thistooshallpass24 · 26/09/2024 13:55

@Mildura tell the person I quoted, I bought my house with out estate agents.

RoachFish · 26/09/2024 13:58

Thistooshallpass24 · 26/09/2024 13:45

At that much of a difference it would have been disregarded anyway and another valuation done and put in place.
The estate agents should have been reported to a higher authority.

Their valuation came with a clause saying that basically their valuation is not worth the paper it's written on as it's only a guide. I don't think I could have reported them, although I would have loved to.

Thistooshallpass24 · 26/09/2024 13:59

@RoachFish that's appalling x

RoachFish · 26/09/2024 14:02

Thistooshallpass24 · 26/09/2024 13:59

@RoachFish that's appalling x

I know. I emailed the estate agent in question and cc'd the owner of the agency telling them that they are the worse kind of cowboys and what they are doing is enabling financial abuse plus a lot of other stuff.

SprigatitoYouAndIKnow · 26/09/2024 14:04

I have never defended an estate agent before, but it is not fair for you to get them to do all that work for no fee, just because the two of you can't agree on a valuation. Pay for a proper survey, even if it is all out of your pocket. If your ex is over valuing as much as you think, it will still save you money in the long run. If he isn't then you will receive a fair amount in any sale if you can't afford to buy him out.

Mildura · 26/09/2024 14:06

RoachFish · 26/09/2024 13:58

Their valuation came with a clause saying that basically their valuation is not worth the paper it's written on as it's only a guide. I don't think I could have reported them, although I would have loved to.

Estate agents don't perform valuations, unless they're also qualified as a surveyor.

RoachFish · 26/09/2024 14:12

Mildura · 26/09/2024 14:06

Estate agents don't perform valuations, unless they're also qualified as a surveyor.

OK. I don't know what the correct word to use is then. They come in and tell you what they think the property is worth to get an estimated selling price.

FatG · 26/09/2024 14:19

Does it matter that I’m the man? She is the one overvaluing to get more out of me. She is the major breadwinner and I need somewhere for the kids because she’ll only have them every other weekend.
I can afford to buy her out.
She wants too much.
I have paid a Rics surveyor to get a figure, which she also disputed, but sold prices around here seem to have dropped since then so I think it is worth even less than that now.
I agree using EAs and teasing buyers to solve this is awful but I can’t see any other way. We both want to avoid going to court.

OP posts:
Thistooshallpass24 · 26/09/2024 14:20

Mildura · 26/09/2024 14:06

Estate agents don't perform valuations, unless they're also qualified as a surveyor.

I was being facetious, because you thought you were being clever.
You didn't actually have to @ roach
Edited because I put phone down to answer the door, and it it predicted bringing not being and I didn't notice

Mrsttcno1 · 26/09/2024 14:25

FatG · 26/09/2024 11:35

Would this be the full fee though? Because it is several thousands, just for a few pics, calls and showing some people around.

It’s a withdrawal fee you would pay, that’s different to the price on completion.

WiserOlderElf · 26/09/2024 14:26

FatG · 26/09/2024 14:19

Does it matter that I’m the man? She is the one overvaluing to get more out of me. She is the major breadwinner and I need somewhere for the kids because she’ll only have them every other weekend.
I can afford to buy her out.
She wants too much.
I have paid a Rics surveyor to get a figure, which she also disputed, but sold prices around here seem to have dropped since then so I think it is worth even less than that now.
I agree using EAs and teasing buyers to solve this is awful but I can’t see any other way. We both want to avoid going to court.

I guess the other (and fairest?) way is to sell the house and split the money. Which is what will have to happen if you can’t agree.

Thistooshallpass24 · 26/09/2024 14:28

@FatG but you don't need to drag other people in to your family drama.
Seek proper legal advice

RoachFish · 26/09/2024 14:28

FatG · 26/09/2024 14:19

Does it matter that I’m the man? She is the one overvaluing to get more out of me. She is the major breadwinner and I need somewhere for the kids because she’ll only have them every other weekend.
I can afford to buy her out.
She wants too much.
I have paid a Rics surveyor to get a figure, which she also disputed, but sold prices around here seem to have dropped since then so I think it is worth even less than that now.
I agree using EAs and teasing buyers to solve this is awful but I can’t see any other way. We both want to avoid going to court.

Maybe try and show her that the prices have gone down and propose something slightly above what it would be now if you think she'd go with that. Is there any negotiating taking place or is she just knocking every suggestion down without even trying to find a solution?