Querying estate agents fee's
Discussion
We recently sold our house and in short due to incorrect infornmation/lying from our estate agent, we have ended up paying a increased rentalon our new place, they have all but verbally admitted this,
We wrote to them explaining the issues as below...
Despite the initial good performance and finding a buyer, the performance of your team at
Alexander’s post acceptance of offer was not in line with the expectations set out and we
would like to query the total commission requested.
Following the acceptance of offer we were asked to allow a viewing to a potential tenant for
the purchaser, to which we agreed. We were informed that the purchaser was away but due
back at the weekend. (17th /18th October).
1. On the day of the viewing (Sat 17th October) we were informed that the buyer would
be back on Monday 19th October and contracts should be signed. We were assured
that all was ok.
2. We then were advised that the buyer would be back on Wednesday 21st October.
3. On Wednesday we called and were advised that the contract will be signed on
Thursday/Friday 22nd /23rd October.
4. On Friday 23rd October, we called and were advised that it will be signed on Saturday
24th October. We requested that the buyer was contacted to confirm 100% the return
status.
5. At 6.36pm on Friday 23rd October we were advised that the buyer had been
contacted and “would be back Saturday AM”, and that the contract would be signed
on Monday 26th October. We were reassured that all was ok.
6. The buyer did return but on Monday 26th October, not the 19th as previously advised.
The contract was eventually signed by the buyer on 28th October PM.
It took us five attempts to obtain the correct exchange date information from your team.
By this point we had lost the security on the residence we had secured due to having
continuously extended dates as a direct result from this misinformation.
If the team did not have accurate information at the time they should have simply stated that
and attempted to find it out promptly. This would have prevented the issue escalating and
would have allowed us to set the correct expectations at all levels.
Being continuously misinformed by the (estate agents) team on repeated occasions and the
numerous delays for the contract signing has resulted in an increase of £540p.a. in our costs,
a cost we will have to bear the burden of for years to come.
The situation presented a real danger of further delays or loosing the sale altogether which
was frankly unacceptable, and the utter lack of concern or empathy by your team was
appalling.
Due to the reasons outlined above we have not authorised the payment of your request 0712
via (Solicitors) and await your formal response.
2of 2
We request for a prompt conclusion to this matter you re-assess the value and reduce the
£XXXX value to £XXXX reflecting the £540 in additional costs we will be incurring in rent in
year one alone.
On reaching a satisfactory conclusion to this matter we will issue payment directly to
(estate agents) within 7 days, at this stage (Solicitors) are not involved.
It is a real shame that your team has allowed the issue to arise from what was initially a
promising start. We await your formal response in this matter.
The response from them passes the issue off to their buyer or a third party, and comments that we declined letting them contact our Letting agents..?
Ant that they see no justification in the claim?
We need to pay within 7days or they are taking usto County Court plus costs?
I am under the impression that
1; their defined job is to market and sell the property to our satisfaction?
2; they provided incorrect information causing costs to me
3; that any Commision is subject to satisfactory completion
4; they shold check information before offering it
5; The comment "oh I did say that didnt I" is basically I guessed!
6; 28days is a rasonable period of time?
Any advice greatly apreciated,as franky they are taking the P and the latest correspondence is franky just "we dont care give me the money"
We wrote to them explaining the issues as below...
Despite the initial good performance and finding a buyer, the performance of your team at
Alexander’s post acceptance of offer was not in line with the expectations set out and we
would like to query the total commission requested.
Following the acceptance of offer we were asked to allow a viewing to a potential tenant for
the purchaser, to which we agreed. We were informed that the purchaser was away but due
back at the weekend. (17th /18th October).
1. On the day of the viewing (Sat 17th October) we were informed that the buyer would
be back on Monday 19th October and contracts should be signed. We were assured
that all was ok.
2. We then were advised that the buyer would be back on Wednesday 21st October.
3. On Wednesday we called and were advised that the contract will be signed on
Thursday/Friday 22nd /23rd October.
4. On Friday 23rd October, we called and were advised that it will be signed on Saturday
24th October. We requested that the buyer was contacted to confirm 100% the return
status.
5. At 6.36pm on Friday 23rd October we were advised that the buyer had been
contacted and “would be back Saturday AM”, and that the contract would be signed
on Monday 26th October. We were reassured that all was ok.
6. The buyer did return but on Monday 26th October, not the 19th as previously advised.
The contract was eventually signed by the buyer on 28th October PM.
It took us five attempts to obtain the correct exchange date information from your team.
By this point we had lost the security on the residence we had secured due to having
continuously extended dates as a direct result from this misinformation.
If the team did not have accurate information at the time they should have simply stated that
and attempted to find it out promptly. This would have prevented the issue escalating and
would have allowed us to set the correct expectations at all levels.
Being continuously misinformed by the (estate agents) team on repeated occasions and the
numerous delays for the contract signing has resulted in an increase of £540p.a. in our costs,
a cost we will have to bear the burden of for years to come.
The situation presented a real danger of further delays or loosing the sale altogether which
was frankly unacceptable, and the utter lack of concern or empathy by your team was
appalling.
Due to the reasons outlined above we have not authorised the payment of your request 0712
via (Solicitors) and await your formal response.
2of 2
We request for a prompt conclusion to this matter you re-assess the value and reduce the
£XXXX value to £XXXX reflecting the £540 in additional costs we will be incurring in rent in
year one alone.
On reaching a satisfactory conclusion to this matter we will issue payment directly to
(estate agents) within 7 days, at this stage (Solicitors) are not involved.
It is a real shame that your team has allowed the issue to arise from what was initially a
promising start. We await your formal response in this matter.
The response from them passes the issue off to their buyer or a third party, and comments that we declined letting them contact our Letting agents..?
Ant that they see no justification in the claim?
We need to pay within 7days or they are taking usto County Court plus costs?
I am under the impression that
1; their defined job is to market and sell the property to our satisfaction?
2; they provided incorrect information causing costs to me
3; that any Commision is subject to satisfactory completion
4; they shold check information before offering it
5; The comment "oh I did say that didnt I" is basically I guessed!
6; 28days is a rasonable period of time?
Any advice greatly apreciated,as franky they are taking the P and the latest correspondence is franky just "we dont care give me the money"
Did you ever think that the information you were give was correct at the time? its possibly not there fault that the contracts didn't get signed is it it might of been the buyers fault.
They sold your house didn't they?
They are entitled to the commission you agreed upon when you arranged to have them sell it.
They sold your house didn't they?
They are entitled to the commission you agreed upon when you arranged to have them sell it.
Jgtv said:
Did you ever think that the information you were give was correct at the time? its possibly not there fault that the contracts didn't get signed is it it might of been the buyers fault.
They sold your house didn't they?
They are entitled to the commission you agreed upon when you arranged to have them sell it.
Pretty much sums up what I was about to post.They sold your house didn't they?
They are entitled to the commission you agreed upon when you arranged to have them sell it.
Having been involved in selling property for the last 15 years, the episode that you describe above is not terrifically rare, and more often than not caused by buyers messing about for one reason or another.
Thanks for the opinions guys,
Jgtv said:
Did you ever think that the information you were give was correct at the time? its possibly not there fault that the contracts didn't get signed is it it might of been the buyers fault.
They sold your house didn't they?
They are entitled to the commission you agreed upon when you arranged to have them sell it.
The issue was they kept assuring us and that the information was correct, we know when the buyer returned as they asked for additional information boiler service the normal stuff etc, the issue was as per the quoteThey sold your house didn't they?
They are entitled to the commission you agreed upon when you arranged to have them sell it.
"I did say that didnt I"
They hadnt been contacting the buyer just telling us what we wanted to hear, they are fullof crap, and they wanted to agree the letting.
And Dooshbag
great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)nsmith1180 said:
Dooshbag said:
MX-5.
Oh, sorry, your post is in the wrong place.
Giggle.Oh, sorry, your post is in the wrong place.
Hold off and take them in court if they will not listen to your grievence. if you can prove malpractice or poor service, then the CC should rule against them.
Sods Law said:
And Dooshbag great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)
Four years you've been here, four bleeding years. And you put this thread in General Gassing. Tsk tsk. great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)hornetrider said:
Sods Law said:
And Dooshbag great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)
Four years you've been here, four bleeding years. And you put this thread in General Gassing. Tsk tsk. great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)Sods Law said:
They hadnt been contacting the buyer just telling us what we wanted to hear, they are fullof crap, and they wanted to agree the letting.
If you could demonstrate that that's true, with the buyer willing to make a statement to that effect, then I think you'd have a strong case. It's unlikely he'd want to be dragged into it though.hornetrider said:
Sods Law said:
And Dooshbag great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)
Four years you've been here, four bleeding years. And you put this thread in General Gassing. Tsk tsk. great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)I see
SP&L as when you get done? etc,
Business as well Business stuff?,
Health matters for the post BTaP injuries?
NP&E as boring stuff
The lounge as like the Pub
So I went for General... I dunno, I always aim to help people not criticised them....
Love yall
Deva Link said:
Sods Law said:
They hadnt been contacting the buyer just telling us what we wanted to hear, they are fullof crap, and they wanted to agree the letting.
If you could demonstrate that that's true, with the buyer willing to make a statement to that effect, then I think you'd have a strong case. It's unlikely he'd want to be dragged into it though.I suppose I expect a little to much reasonable behaviour at time's
I figure I'll end up paying but still I wasalways told if youdont ask you dont get and advice should always be sort.
Sods Law said:
hornetrider said:
Sods Law said:
And Dooshbag great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)
Four years you've been here, four bleeding years. And you put this thread in General Gassing. Tsk tsk. great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)I see
SP&L as when you get done? etc,
Business as well Business stuff?,
Health matters for the post BTaP injuries?
NP&E as boring stuff
The lounge as like the Pub
So I went for General... I dunno, I always aim to help people not criticised them....
Love yall
/and breathe
In my experience, Estate Agents tend to be rather optimistic about time frames etc. It's just par for the course. If they were overly pessimistic, I reckon you'd have plenty of buyers and/or sellers changing their minds and walking away.
I would have thought that the most suitable person to have contacted would have been your solicitor, not the estate agent. Your solicitor should be in regular contact with the buyer's solicitor and should be aware when the buyer can sign the contracts. Sounds to me like your buyer was away on holiday or business, and this was not communicated to you. There isn't any way the Estate Agent can really be expected to know this.
So although I'm no fan of Estate Agents (apologies to those reading!), I don't think it was their fault in this case. I had a nightmare move a few years ago where a whole chain (5 families) nearly lost out thanks to my useless, dodgy buyer and their utterly incompetent solicitor. The OPs problems all came about due to the house buying process in Britain, which IMO is shockingly bad- no guarantees until contracts are exchanged means a lot of people end up out of pocket or lose their dream house.
Don't they say that moving house is the most stressful thing most people go through?
I would have thought that the most suitable person to have contacted would have been your solicitor, not the estate agent. Your solicitor should be in regular contact with the buyer's solicitor and should be aware when the buyer can sign the contracts. Sounds to me like your buyer was away on holiday or business, and this was not communicated to you. There isn't any way the Estate Agent can really be expected to know this.
So although I'm no fan of Estate Agents (apologies to those reading!), I don't think it was their fault in this case. I had a nightmare move a few years ago where a whole chain (5 families) nearly lost out thanks to my useless, dodgy buyer and their utterly incompetent solicitor. The OPs problems all came about due to the house buying process in Britain, which IMO is shockingly bad- no guarantees until contracts are exchanged means a lot of people end up out of pocket or lose their dream house.
Don't they say that moving house is the most stressful thing most people go through?
I don't understand why Estate Agents exist? In the past, ok shop front to look at houses & they provided a service to link seller and owner.
Thesedays however with Rightmove I can't see that they are of any use at all. When buying my house the sellers agent was such an idiot I almost pulled out of the sale just to piss him off. I ended up phoning the seller and saying I don't want to deal with the agent any more, only to them direct or their solicitor - once that was done and I side stepped the agent the transaction went perfectly.
I looked at about a dozen houses before buying and only once did an agent show me around, every other time it was the owners. I quickly learnt to bring a tape measure as the agents diagrams either lacked a scale or were simily incorrect. I really have no idea how they can charge for anything.
Thesedays however with Rightmove I can't see that they are of any use at all. When buying my house the sellers agent was such an idiot I almost pulled out of the sale just to piss him off. I ended up phoning the seller and saying I don't want to deal with the agent any more, only to them direct or their solicitor - once that was done and I side stepped the agent the transaction went perfectly.
I looked at about a dozen houses before buying and only once did an agent show me around, every other time it was the owners. I quickly learnt to bring a tape measure as the agents diagrams either lacked a scale or were simily incorrect. I really have no idea how they can charge for anything.
hornetrider said:
Sods Law said:
hornetrider said:
Sods Law said:
And Dooshbag great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)
Four years you've been here, four bleeding years. And you put this thread in General Gassing. Tsk tsk. great answer....where is the how to deal with estate agents forum? Ill look out for your help requests and be as helpful in return. (That really is a pet hate)I see
SP&L as when you get done? etc,
Business as well Business stuff?,
Health matters for the post BTaP injuries?
NP&E as boring stuff
The lounge as like the Pub
So I went for General... I dunno, I always aim to help people not criticised them....
Love yall
/and breathe
Herman Toothrot said:
I don't understand why Estate Agents exist? In the past, ok shop front to look at houses & they provided a service to link seller and owner.
Thesedays however with Rightmove I can't see that they are of any use at all. When buying my house the sellers agent was such an idiot I almost pulled out of the sale just to piss him off. I ended up phoning the seller and saying I don't want to deal with the agent any more, only to them direct or their solicitor - once that was done and I side stepped the agent the transaction went perfectly.
I looked at about a dozen houses before buying and only once did an agent show me around, every other time it was the owners. I quickly learnt to bring a tape measure as the agents diagrams either lacked a scale or were simily incorrect. I really have no idea how they can charge for anything.
I agree here, next time I will be opting out of the estate agent route and self managing.Thesedays however with Rightmove I can't see that they are of any use at all. When buying my house the sellers agent was such an idiot I almost pulled out of the sale just to piss him off. I ended up phoning the seller and saying I don't want to deal with the agent any more, only to them direct or their solicitor - once that was done and I side stepped the agent the transaction went perfectly.
I looked at about a dozen houses before buying and only once did an agent show me around, every other time it was the owners. I quickly learnt to bring a tape measure as the agents diagrams either lacked a scale or were simily incorrect. I really have no idea how they can charge for anything.
Any way as I have some of the answers I looked for, so will stick to the sensible TV&S
section in the future....Still will do all I can to warn everyone away from them... as I have lived in this town for 26years that should have some effect and make me happy...
By the way this is not a dig at all estate agents just this one
Er, I hope you find a satisfactory conclusion to your problem, but with the information you provide I can't help thinking you're unlikely to come away too pleased.
In the real world you might be surprised (evidently you are) how little power an estate agent has over a transaction. You might be astounded how many times a call is made to a solicitor or agent elsewhere in a chain or buyer or seller which would lead you to beliebe that EVERYTHING IS READY only to find out the next day/week that another enquiry has been raised or monies with my solicitor actually meant I'm about to write a personal cheque and put it in a envelope with a second class stamp, etc. It is nigh on impossible for an estate agent with all the authority a telephone can give them to honestly honestly state uncategorically that exchange is likely to take place up until the point that they receive a phone call from the solicitor to state exchange has actually taken place. It's a bummer, I know, but the whole process is complicated and reliant on many individuals doing what is expected of them and what they say they will do. A lot is taken at face value. People fib/mislead/misunderstand. Third party costs may be incurred.
This isn't tpo say that every estate agent at every point behaves impeccably so my order of events would be to complain to the agent, then any organisation they belong to (NAEA etc) then the ombudsman.
The likely outcome is in this order, nothing, a small goodwill gesture, nothing, maybe a very small something.
The difficulty is going to be proving the willful lying and linking that to any costs. Don't forget the agent at best is relaying information from other parties to you. In many respects what you do with that information is up to you.
Like I say, I hope you reach a satisfactory conclusion.
In the real world you might be surprised (evidently you are) how little power an estate agent has over a transaction. You might be astounded how many times a call is made to a solicitor or agent elsewhere in a chain or buyer or seller which would lead you to beliebe that EVERYTHING IS READY only to find out the next day/week that another enquiry has been raised or monies with my solicitor actually meant I'm about to write a personal cheque and put it in a envelope with a second class stamp, etc. It is nigh on impossible for an estate agent with all the authority a telephone can give them to honestly honestly state uncategorically that exchange is likely to take place up until the point that they receive a phone call from the solicitor to state exchange has actually taken place. It's a bummer, I know, but the whole process is complicated and reliant on many individuals doing what is expected of them and what they say they will do. A lot is taken at face value. People fib/mislead/misunderstand. Third party costs may be incurred.
This isn't tpo say that every estate agent at every point behaves impeccably so my order of events would be to complain to the agent, then any organisation they belong to (NAEA etc) then the ombudsman.
The likely outcome is in this order, nothing, a small goodwill gesture, nothing, maybe a very small something.
The difficulty is going to be proving the willful lying and linking that to any costs. Don't forget the agent at best is relaying information from other parties to you. In many respects what you do with that information is up to you.
Like I say, I hope you reach a satisfactory conclusion.
scenario8 said:
Er, I hope you find a satisfactory conclusion to your problem, but with the information you provide I can't help thinking you're unlikely to come away too pleased.
In the real world you might be surprised (evidently you are) how little power an estate agent has over a transaction. You might be astounded how many times a call is made to a solicitor or agent elsewhere in a chain or buyer or seller which would lead you to beliebe that EVERYTHING IS READY only to find out the next day/week that another enquiry has been raised or monies with my solicitor actually meant I'm about to write a personal cheque and put it in a envelope with a second class stamp, etc. It is nigh on impossible for an estate agent with all the authority a telephone can give them to honestly honestly state uncategorically that exchange is likely to take place up until the point that they receive a phone call from the solicitor to state exchange has actually taken place. It's a bummer, I know, but the whole process is complicated and reliant on many individuals doing what is expected of them and what they say they will do. A lot is taken at face value. People fib/mislead/misunderstand. Third party costs may be incurred.
This isn't tpo say that every estate agent at every point behaves impeccably so my order of events would be to complain to the agent, then any organisation they belong to (NAEA etc) then the ombudsman.
The likely outcome is in this order, nothing, a small goodwill gesture, nothing, maybe a very small something.
The difficulty is going to be proving the willful lying and linking that to any costs. Don't forget the agent at best is relaying information from other parties to you. In many respects what you do with that information is up to you.
Like I say, I hope you reach a satisfactory conclusion.
I had accepted the fact of poying up, I'd already signed the cheque. I wouldnt even have persues it if they hadnt said "oh I did say that didnt I" as if oh I've been busted here.In the real world you might be surprised (evidently you are) how little power an estate agent has over a transaction. You might be astounded how many times a call is made to a solicitor or agent elsewhere in a chain or buyer or seller which would lead you to beliebe that EVERYTHING IS READY only to find out the next day/week that another enquiry has been raised or monies with my solicitor actually meant I'm about to write a personal cheque and put it in a envelope with a second class stamp, etc. It is nigh on impossible for an estate agent with all the authority a telephone can give them to honestly honestly state uncategorically that exchange is likely to take place up until the point that they receive a phone call from the solicitor to state exchange has actually taken place. It's a bummer, I know, but the whole process is complicated and reliant on many individuals doing what is expected of them and what they say they will do. A lot is taken at face value. People fib/mislead/misunderstand. Third party costs may be incurred.
This isn't tpo say that every estate agent at every point behaves impeccably so my order of events would be to complain to the agent, then any organisation they belong to (NAEA etc) then the ombudsman.
The likely outcome is in this order, nothing, a small goodwill gesture, nothing, maybe a very small something.
The difficulty is going to be proving the willful lying and linking that to any costs. Don't forget the agent at best is relaying information from other parties to you. In many respects what you do with that information is up to you.
Like I say, I hope you reach a satisfactory conclusion.
Life goeson we live and learn I have been asked by afew people already what I thought of their services and have shown them the letters, all have said wont be using them then... or words tothat effect.
I often say you cant stop things going wrong, but its how you deal with it after that can give the best experience and customer service, and develop long standing relationships.
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