Long background, sorry!
We wanted to sell our house and signed with a first estate agent back in February. It had previously been let, and was left in a total tip by the tenant. The house needed clearing and cleaning before putting on the market, and the 1st EA knew this. The 1st EA valued to a high price - comparable to a house in perfect condition (the house next door had sold last year for around this price). However, before it was cleared or cleaned, the 1st EA already took photos and put it straight on Rightmove. I tried to stop them, so they didn’t upload the photos and listed it as “coming soon”. Not much interest (6 viewers in several months), no offers. Meanwhile, I arranged for clearing and cleaning, and once completed asked the EA to take photos for putting on the market - no response to emails. It turned out my contact had left the agency with no-one following up. So the house had been sat half-listed with no review or input from the EA.
I was frustrated and changed to a 2nd EA who reasoned for a much lower price (needs new kitchen and bathroom), took great photos, got loads of views, one offer. From someone who viewed twice with 1st EA.
1st EAs contract says they are entitled to their fee if, within 6months of us cancelling, someone buys who they introduced us to. Since they made such a mess of the marketing, I feel their fee is not justified. 2nd EA thinks we might have a case for arguing that the second listing at a much lower price is not the same sale, but I’m not convinced. Does anyone have any experience of a similar sitation? 1st EA is a major national chain who apparently employs people to check who buys a property after contract cancellation, so it is possible that they will follow up.