Estate agents and small claims court
Discussion
I am being threatened with legal action by an estate agent following the sale of our property and need a bit of guidance please.
Put simply, the estate agents we used did a poor job - they were slow, stopped pushing the process once they got involved with a property below us in the chain, instead concentrating on that one. They did ultimately sell our house, but it only happened after I walked in and told them if we didnt move on date X (having been assured a date some 10 weeks previous was achievable) then I was withdrawing from the market and unpacking. Miraculously we exchanged and moved within a fortnight of this threat. Throughout the process they made excuse after excuse, never followed through on promises and generally left us doing all the legwork they promised they would do.
The estate agents sent an invoice on the day we moved. I filed a formal complaint within days in which I disputed their fee, citing what I felt was poor service and not as per the agreement we signed. This has been ongoing for 10 weeks now, with letters bouncing forward and back between the MD and myself. I offered to pay 50% of their fee, as I felt that was reasonable. The MD is very defensive, has never offered an apology and disputes every reason of my argument.
This week they have replied (along with declining my Subject Access request for a copy of my file so I can use it to complain to the Property Ombudsman) offering a paltry discount (invoice to be paid in 14 days) or they will commence legal proceedings. Now I know the process would end up in County Court, and ultimately I can pay at any time (funds are there in full) but I wonder is it worth the fight? I'm not looking for a freebie, just acknowledgement that their service was poor, and a discount that reflects it.
Any advice on how the process works if I don't pay? I am happy to pay (in full if necessary) to avoid a CCJ etc, but there's part of me that thinks estate agents, particularly this one, need standing up to and challenging. I almost want my day in court to make them acknowledge they were s
t...
Is it worth it? There's about £700 between their offer and mine right now (and the required apology)
Put simply, the estate agents we used did a poor job - they were slow, stopped pushing the process once they got involved with a property below us in the chain, instead concentrating on that one. They did ultimately sell our house, but it only happened after I walked in and told them if we didnt move on date X (having been assured a date some 10 weeks previous was achievable) then I was withdrawing from the market and unpacking. Miraculously we exchanged and moved within a fortnight of this threat. Throughout the process they made excuse after excuse, never followed through on promises and generally left us doing all the legwork they promised they would do.
The estate agents sent an invoice on the day we moved. I filed a formal complaint within days in which I disputed their fee, citing what I felt was poor service and not as per the agreement we signed. This has been ongoing for 10 weeks now, with letters bouncing forward and back between the MD and myself. I offered to pay 50% of their fee, as I felt that was reasonable. The MD is very defensive, has never offered an apology and disputes every reason of my argument.
This week they have replied (along with declining my Subject Access request for a copy of my file so I can use it to complain to the Property Ombudsman) offering a paltry discount (invoice to be paid in 14 days) or they will commence legal proceedings. Now I know the process would end up in County Court, and ultimately I can pay at any time (funds are there in full) but I wonder is it worth the fight? I'm not looking for a freebie, just acknowledgement that their service was poor, and a discount that reflects it.
Any advice on how the process works if I don't pay? I am happy to pay (in full if necessary) to avoid a CCJ etc, but there's part of me that thinks estate agents, particularly this one, need standing up to and challenging. I almost want my day in court to make them acknowledge they were s
t...Is it worth it? There's about £700 between their offer and mine right now (and the required apology)
It's not worth it. I appreciate your frustration, but it's a drop in the ocean compared with the other costs, both financial and emotional, of moving house. Give them stty but factual reviews wherever you can, make a complaint to the ombudsman if you can be arsed. Otherwise, move on and put it behind you.
tty but factual reviews wherever you can, make a complaint to the ombudsman if you can be arsed. Otherwise, move on and put it behind you.There is a contract. Did they perform or breach?
Unless they are in breech you have. I legs to stand on and will loose with costs against you.
Do they belong to a industry body? You can always complain to them and see if they have a redress scheme.
Estate agents are not bothered if you like them, because let’s face it no one does.
Unless they are in breech you have. I legs to stand on and will loose with costs against you.
Do they belong to a industry body? You can always complain to them and see if they have a redress scheme.
Estate agents are not bothered if you like them, because let’s face it no one does.
If the judgement goes against you and you pay then you won’t have a ccj against you. That only happens if you don’t pay.
What you need to show is your actual loss. Time / money rather than offering to pay half the bill. The time you spent going to the agents to complain for example. Document the time and then decide what you can justify in withholding from the bill.
Courts will deal in facts rather than emotion and a 50% cut in the bill sounds very emotional rather than fact.
What did you actually lose?
What you need to show is your actual loss. Time / money rather than offering to pay half the bill. The time you spent going to the agents to complain for example. Document the time and then decide what you can justify in withholding from the bill.
Courts will deal in facts rather than emotion and a 50% cut in the bill sounds very emotional rather than fact.
What did you actually lose?
dingg said:
Sale goes through but vendor wants to welch on agreement.
Just pay the fking bill you owe
I'm inclined to agree sorry...Just pay the f
king bill you oweSo you sold the house and don't want to pay the contract you signed to sell it?
Estate agents are a bunch of lazy t
ts, however ultimately you're not making friends with any of them, you're contracting them to sell the house...I'd climb over hot coals, covered in s
t to sell a house, yours sold, be happy, pay the bill and move onThey fulfilled their contract in that they sold the house.
The issue was that they dragged their arses, didn't do as requested, failed to chase up information, generally sat on paperwork until I chased it (even though they could have done it weeks before) and couldn't care less what we asked of them. On this basis I complained.
Im not welching on the bill - the money has been sat since the day we moved. Had they apologised, I probably would have paid it by now. They seem to think that they do as they wish, and on that basis I figured I would make a stand.
I have never gone through the legal process of county court so just wondered my options....
The issue was that they dragged their arses, didn't do as requested, failed to chase up information, generally sat on paperwork until I chased it (even though they could have done it weeks before) and couldn't care less what we asked of them. On this basis I complained.
Im not welching on the bill - the money has been sat since the day we moved. Had they apologised, I probably would have paid it by now. They seem to think that they do as they wish, and on that basis I figured I would make a stand.
I have never gone through the legal process of county court so just wondered my options....
Can they refuse a subject access request. I thought by law they had to comply with an SAR.
In terms of the bill.
Try and work out a legitimate loss to yourself in terms of time and expense and what you really think that is worth. Then deduct that from the bill and offer that. If they decline then it’s up to you to decide if it’s worth the fight or not.
In terms of the bill.
Try and work out a legitimate loss to yourself in terms of time and expense and what you really think that is worth. Then deduct that from the bill and offer that. If they decline then it’s up to you to decide if it’s worth the fight or not.
MB140 said:
Can they refuse a subject access request. I thought by law they had to comply with an SAR.
In terms of the bill.
Try and work out a legitimate loss to yourself in terms of time and expense and what you really think that is worth. Then deduct that from the bill and offer that. If they decline then it’s up to you to decide if it’s worth the fight or not.
I requested a copy of the file held - notes, emails etc relating to my sale - all of which are relating to me - the purpose being to complain to the Property Ombudsman - they cite the request as unfounded, excessive and not relevant to a SAR. ICO.org seem to disagree...In terms of the bill.
Try and work out a legitimate loss to yourself in terms of time and expense and what you really think that is worth. Then deduct that from the bill and offer that. If they decline then it’s up to you to decide if it’s worth the fight or not.
Pay it in full and try to claim back an amount you deem fair. If you're not willing to go to the effort of claiming it back then it probably tells you that it's not worth pursuing.
However it's a relatively small cost for them to go to the courts if you pay nothing (which then makes it an even bigger bill when someone has to chase you for the money).
However it's a relatively small cost for them to go to the courts if you pay nothing (which then makes it an even bigger bill when someone has to chase you for the money).
Solicitors will usually pay the estate agent direct as soon as the sale goes through, you'd normally have to give them specific instructions not to pay the bill, and they'd probably provide you with some really good free advice to not do that.
Sounds to me like you did diy conveyancing and expected the estate agents to pick up the slack, which they did but your feeling are hurt because they were not too keen to be doing it.
Sounds to me like you did diy conveyancing and expected the estate agents to pick up the slack, which they did but your feeling are hurt because they were not too keen to be doing it.
OP
1) Don't get hung up on the apology - that's just for your ego, nothing to do with contractuals
2) They sold the house. They were crap. But they sold it.
If I were you I'd go and see the MD in person and negotiate over a cup of tea. Not threaten. Get to a number and offer to split the difference. Worst case, fold and pay the bill. Life is too short.
1) Don't get hung up on the apology - that's just for your ego, nothing to do with contractuals
2) They sold the house. They were crap. But they sold it.
If I were you I'd go and see the MD in person and negotiate over a cup of tea. Not threaten. Get to a number and offer to split the difference. Worst case, fold and pay the bill. Life is too short.
dundarach said:
I'm inclined to agree sorry...
So you sold the house and don't want to pay the contract you signed to sell it?
Estate agents are a bunch of lazy tts, however ultimately you're not making friends with any of them, you're contracting them to sell the house...
I'd climb over hot coals, covered in st to sell a house, yours sold, be happy, pay the bill and move on
Nothing like a generalisation, which you've presumably picked up from dealing with lots of estate agents? I do business with estate agents all day long and like any other business, they are either great, good, indifferent, poor and sSo you sold the house and don't want to pay the contract you signed to sell it?
Estate agents are a bunch of lazy t
ts, however ultimately you're not making friends with any of them, you're contracting them to sell the house...I'd climb over hot coals, covered in s
t to sell a house, yours sold, be happy, pay the bill and move onte. Most are good but moving back to the OP's point of view, it's all about expectations and if they sell your property within the agreed timescale then surely they've done what the OP asked them to do? He says they concentrated on another property but they could well have been easing the whole process with the chain, to his benefit, hence the rapid change in circumstances. Or they could be st and he got lucky! 
broken biscuit said:
They fulfilled their contract in that they sold the house.
The issue was that they dragged their arses, didn't do as requested, failed to chase up information, generally sat on paperwork until I chased it (even though they could have done it weeks before) and couldn't care less what we asked of them. On this basis I complained.
The problem is that their behaviour doesn't break the contract. They just did a sThe issue was that they dragged their arses, didn't do as requested, failed to chase up information, generally sat on paperwork until I chased it (even though they could have done it weeks before) and couldn't care less what we asked of them. On this basis I complained.
tty job.When a painter takes forever to paint your house, he still eventually did the work.
Unless you had a contractual deadline for the work you still have to pay!
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