Estate agent being cheeky, am I wrong?
Discussion
Trying to sell a house, didn't sell after 6 months so we decided to move agents. The first ones were ok, tough place to sell but I felt they weren't really enthusiastic about the property so went to someone else. I gave the required 2 weeks notice and moved agents, he wasn't happy but there you go.
I get an invoice a week later for £300 for marketing costs which was a surprise, upon querying the unexpected bill the agent says it was in the contract and pay up. I genuinely hadn't seen a contract and certainly didn't sign one but it does say if we withdraw the property from sale we have to pay £250+vat.
I am minded to tell them to get lost as I didn't agree that term but am wary of being someone who doesn't pay their bills. I think the term is unfair, if we messed the agent around I would agree to paying their costs but they had 6 months go at earning the full commission.
What do you think? Pay the full amount? Offer a reduced amount? Ask them to pay my invoice for £300 for non-selling of the house after 6 months(about as valid a contract as their retrospective one I guess) first? Tell them to go away?
I get an invoice a week later for £300 for marketing costs which was a surprise, upon querying the unexpected bill the agent says it was in the contract and pay up. I genuinely hadn't seen a contract and certainly didn't sign one but it does say if we withdraw the property from sale we have to pay £250+vat.
I am minded to tell them to get lost as I didn't agree that term but am wary of being someone who doesn't pay their bills. I think the term is unfair, if we messed the agent around I would agree to paying their costs but they had 6 months go at earning the full commission.
What do you think? Pay the full amount? Offer a reduced amount? Ask them to pay my invoice for £300 for non-selling of the house after 6 months(about as valid a contract as their retrospective one I guess) first? Tell them to go away?
cb31 said:
I get an invoice a week later for £300 for marketing costs which was a surprise, upon querying the unexpected bill the agent says it was in the contract and pay up. I genuinely hadn't seen a contract and certainly didn't sign one but it does say if we withdraw the property from sale we have to pay £250+vat.
That's what is known as "bang to rights", that is.cb31 said:
I am minded to tell them to get lost as I didn't agree that term
If that's part of their normal terms of business, and it will be, then you agreed by instructing them. The fact you couldn't be bothered to find out what you were agreeing to is not their problem.Did they send it to you and you didn’t sign it but didn’t tell them you don’t agree to it?
Assuming the first time you saw that contract was when you were pulling out, I would be pushing them to provide either a copy with your signature on it or proof they’d sent it via email before you proceeded with the instruction.
What I would do would depend on what comes back...
Assuming the first time you saw that contract was when you were pulling out, I would be pushing them to provide either a copy with your signature on it or proof they’d sent it via email before you proceeded with the instruction.
What I would do would depend on what comes back...
The Moose said:
Did they send it to you and you didn’t sign it but didn’t tell them you don’t agree to it?
Assuming the first time you saw that contract was when you were pulling out, I would be pushing them to provide either a copy with your signature on it or proof they’d sent it via email before you proceeded with the instruction.
What I would do would depend on what comes back...
I genuinely didn't see it beforehand or when pulling out, only when I got the invoice for money. They sent me an email copy of the contract when I disputed it, obviously my signature wasn't on it as I had never seen it before.Assuming the first time you saw that contract was when you were pulling out, I would be pushing them to provide either a copy with your signature on it or proof they’d sent it via email before you proceeded with the instruction.
What I would do would depend on what comes back...
They said they have a record in their post book of them sending it to me and that I implied signing it by letting them sell the property.
If its genuinely gone down as written, tell them to do one. They cant just come up with a contract after the fact that you have never even seen.
They should have either an email sending it to you or proof of postage surely.
But it sort of works both ways if you didnt follow up on terms - what terms did you think they were appointed under?
They should have either an email sending it to you or proof of postage surely.
But it sort of works both ways if you didnt follow up on terms - what terms did you think they were appointed under?
cb31 said:
The Moose said:
Did they send it to you and you didn’t sign it but didn’t tell them you don’t agree to it?
Assuming the first time you saw that contract was when you were pulling out, I would be pushing them to provide either a copy with your signature on it or proof they’d sent it via email before you proceeded with the instruction.
What I would do would depend on what comes back...
I genuinely didn't see it beforehand or when pulling out, only when I got the invoice for money. They sent me an email copy of the contract when I disputed it, obviously my signature wasn't on it as I had never seen it before.Assuming the first time you saw that contract was when you were pulling out, I would be pushing them to provide either a copy with your signature on it or proof they’d sent it via email before you proceeded with the instruction.
What I would do would depend on what comes back...
They said they have a record in their post book of them sending it to me and that I implied signing it by letting them sell the property.
p1stonhead said:
But it sort of works both ways if you didnt follow up on terms - what terms did you think they were appointed under?
Fairly similar to the one I just signed with the other agent, nothing up front but 1%+vat selling fee. I had Savills round too but they wanted around £600 up front for brochures and weren't flexible about showing people around the house. I do read contracts if they are sent to me.I just feel a bit like a bad client if I don't pay but I also don't like them pulling fast ones on me with unclear charges.
IMO if you didn't sign a contract or send an email along the lines of 'I agree to proceed based on terms enclosed' etc, then i don't think they can do anything.
I'd now send an email or letter saying that as you weren't previously informed of a penalty payment and as there is no signed agreement in place, you will not be paying their demand and now view this matter as closed.
Then ignore any future correspondence unless it's from the small claims court, but highly doubt they will pursue it.
I'd now send an email or letter saying that as you weren't previously informed of a penalty payment and as there is no signed agreement in place, you will not be paying their demand and now view this matter as closed.
Then ignore any future correspondence unless it's from the small claims court, but highly doubt they will pursue it.
brrapp said:
Does this newly appeared 'contract' say anything about timescale? Or if the house still isn't sold after say 20 years are you still tied to them?
Nothing about timescale so yes if they didn't sell it for 20 years then you still have to pay I guess. I could understand a fee to stop timewasters but 6 months seems like a decent crack of the whip to me.cb31 said:
p1stonhead said:
But it sort of works both ways if you didnt follow up on terms - what terms did you think they were appointed under?
Fairly similar to the one I just signed with the other agent, nothing up front but 1%+vat selling fee. I had Savills round too but they wanted around £600 up front for brochures and weren't flexible about showing people around the house. I do read contracts if they are sent to me.I just feel a bit like a bad client if I don't pay but I also don't like them pulling fast ones on me with unclear charges.
cb31 said:
p1stonhead said:
But it sort of works both ways if you didnt follow up on terms - what terms did you think they were appointed under?
Fairly similar to the one I just signed with the other agent, nothing up front but 1%+vat selling fee. I had Savills round too but they wanted around £600 up front for brochures and weren't flexible about showing people around the house. I do read contracts if they are sent to me.I just feel a bit like a bad client if I don't pay but I also don't like them pulling fast ones on me with unclear charges.
What does the contract say about client introduced during the first months that subequently purchases via estate agent two? If you're accepting terms on an unseen contract by paying this invoice, aren't you then accepting the contract in full? Mr Smith is on Agents 1 books and buys via agent 2, Agent 1 might come looking for an introducers fee.
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