How do you interpret this contract clause?

[AnchorDownDeepBreath]

There is a box next to the pound sign, which the agency have drawn a line through. I've put a hyphen to show where this is.

"If the Agency Agreement is terminated by the client or the property is sold other than in circumstances entitling the Agent to a fee as stated in these terms and conditions, the Client will pay to the Agent a withdrawal charge of £- plus VAT plus any agreed marketing charges. The withdrawal charges will be paid by the Client within fourteen days of the withdrawal. This does not affect the Clients right to withdraw or withhold payment where the agent has failed in his obligations and responsibilities to the Client under this agreement."

Back story is that we listed our house with an estate agent on 14th September, to buy a house they said needed to move very quickly. Our house sold to someone we had showed it to privately before signing with the agency two hours later. They never did any viewings, or anything other than put the flat online and a sign outside, but they weren't thrilled and pushed us to pay half the fees due; which is where we left that conversation... I didn't agree (and can't, as I'm not party to the contract), it wasn't mentioned to DP when he called.

The sellers of our house have pulled out of the house they were buying, and don't want to start looking again until March. We don't want to proceed on that basis, and on reflection, we'd like to take our flat off the market. We've told our buyer, who wanted it as an investment and has told us to let them know if we sell it next year... but otherwise, I'm trying to reduce costs as much as possible!

Does this suggest we don't need to pay anything, so I can offer to cover the board/marketing and hopefully they'll be happy with that?

The clause is intended to allow them to charge a fee if you terminate the agreement without selling or sell to someone who didn't come through the agency. In theory that means they can charge you even though you aren't actually selling your flat at this stage. However, the fact they have not specified the fee and have drawn a line through the box where it is supposed to be specified may undermine their claim for anything other than the "agreed marketing charges".

Agree that if they've put a line through the box with the £ sign then the max you are on the hook for is the marketing fees.

You could ask them to prove (with invoices) the costs of putting the house online and putting up the sign (it's probably been done by a contractor). Then maybe you'd have a few hours of an employee's time for taking photos and measurements (if they got that far). But these people are not very expensive.

I suspect that if pushed they couldn't provide documented proof of the actual cost they spent on marketing. So I'd maybe offer £1-200 as a goodwill gesture and see what they come back with. But nowhere near 50%.

I would say don't pay anything on the basis that you haven't agreed any fees for marketing. They would have had to clear any fees with you in advance, otherwise they might just say for sale boards cost 10 grand as they do it through another company.