Can EA bill me £800 for this?

[FortnamsTea]

I am in Scotland. I contacted an EA who visited was very positive said house certainly worth XYZ but needs Home Report by Surveyor to confirm (but 'very sure') This was arranged. On the same day the EA arranged the photographer as part of an £800 marketing package which includes Rightmove etc listing.

Photographer came & gone in 40 mins (4 bed house over 4 floors).
HR Surveyor picked up a ROT issue in basement ceiling (so, under sitting room & hallway floors) - listed as a category '3' (urgent necessary repairs) for both.
Both HR & EA recommended same specialist surveyor. I got him in & he says £3k for repairs which are 'semi structural & need doing NOW'. I also need to have all furniture removed from both Dining Room & hall (disabled so will need men in). HR guy says: doesn't affect value, just put house on market. Apparently we can use a local builder but then HR will need to revisit (more £) & 'may or may not alter the HR' Or we can use the specialist & HR will be altered 'in advance as they know his work'.

I've got in touch with EA. They agreed with HR guy but I explained it needs time to get work done & EA had said 'on mkt beg July at latest as poor location & only market is local school' (back next week in Scotland so missed chance)
They said I can choose to go on mkt in autumn or wait until Jan but anyway here is the invoice for the brochure already prepared, once paid I own the pics'.
I've just looked & the pics are OK (but I could possibly do better) The write up is fairly basic. No overhead pic, no video clip, poor room allocation / description.
I'm also being billed the full £800 when they've not paying Rightmove etc.

I didn't sign a contract but no doubt terms were attached to an initial email which probably amounts to the same thing?

Does this sound right please?

If you haven't signed a contract to use them, if you haven't confirmed anything in writing at all, and if you haven't signed of the photos or the details then no, don't pay.

@Tortephantthanks for replying. I've not signed off write up on house (it's very basic ie doesn't mention major things like the 2 marble fireplaces, period details etc, 2nd sitting room described as bedroom)& this is a posh firm) Pics are ok, some are over exposed & odd (eg all original brass door furniture changed to modern matt aluminium?)

There have been a few emails but no contract.
Their email to me says if I 'choose not to go ahead' -(joists under whole front floor rotten & do not reach wall so actually dangerous & they suggested marketing anyway!) then they will 'not charge me the 3k sales commission or the £500 withdrawal fee due once particulars prepared' but will charge £800 marketing fee. I can't link to the work, but it's fairly basic (4 sentence summary, no individual room descriptions etc). £800 is a rip off.

I don’t know if signing a contract makes any difference. By allowing the surveyor to carry out their job, and the photographer to do theirs, I’m pretty sure it implies your acceptance of the terms.

If you’re not happy with the photos, get them back to retake them till you’re happy, and likewise with the written “blurb”.

You’re free to put your house on the market with Cat 3 repairs needed. Try to slow down and take a breath-none of this needs to be rushed, and absolutely don’t be rushed into using a builder recommended by the EA

If you haven't signed a contract, I wouldn't have thought the invoice is enforceable.

When we sold our house, we didn't pay anything until the house sold. No sale = no fee.
The EA write up and photos were also crap, so we ended up doing our own.

I'd market the house as it is. The house I bought had two 3s listed in the HR. I accepted the house was priced for the current condition and sorted the problems myself after I moved in.

@SamewrinklesnewnameI had to pay for the Home Report separately (£780 before I could see it!) The specialist report was another £180. So, I'm £1800 down already. I offered by email to pay for the photos as that sane day the HR guy said: 'problems' but EA said No. Now I'm billed for £800 which inc a poor write up & non existent marketing.

'same day' not 'sane day' sorry!

Ask a solicitor or citizens advice. But if they say you do need to pay, then insist on having the photos retaken until you are 100% happy and get the write up done properly before you hand over that money. £800 is a lot and you are entitled to good quality work and to be satisfied before you pay.

That home report with the HR surveyor... did the estate agent arrange that?

Funny they should both now be recommending the exact same specialist surveyor. Call me cynical, but unless you live in nowheresville and there is only one specialist in the area, it is too much of a coincidence for my liking.

@orangehandles Yes. EA said he knew a HR Surveyor who'd do a cheap walk thru to establish value. It became a free walk through. All ok so I commissioned the £780 report. HR guy then said 2 x 3 for Rot & Flooring. I had to pay for HR before I could see It (£780, 12 weeks before HR needs refreshed, extra money) Both EA & he rec same Specialist. Another £180. He said 3k of work, but only estimate so could go up, 30 yr guarantee. HR said 'just put it on mkt', as did EA (they're literally mates I discovered). But the house is boutique like & the repair work is straightforward but looks major - I would defo not buy as you couldn't move in till it was done & I'm not selling a renovation project.

I asked about using a local builder (who'd give a fixed price & explained the work carefully but wouldn't guarantee as about to retire) EA/HR guy, who will contract it out & did a rubbish estimate for my money will give a guarantee but he laughed & said: 'just for the new buyers, don't hold me to it'.

HR guy said he'd alter the HR in advance as he knows Specialists work but if I used local builder needs to Revisit (extra cost) to then 'consider'.
Final thing is Brochure skimpy & inaccurate & pics fairly poor too. Everyone just wants my money (3k, plus £780, plus £180 plus £800 plus cost of furniture removal from dining room (I can't, I'm disabled & this is advised for safety before repairs)
I'm going off the whole idea as it's poss Nov before I could even go on mkt now & EA not in my corner?

@Cantthinkofanewusernameffs the £800 marketing fee is upfront & in addition to the 1% commission fee. Or the £500 extra if you do not accept an offer they deem suitable - they suggested 15k less than HR valuation - legal fees are separate which is certainly fair)