Estate agent being cheeky, am I wrong?

Estate agent being cheeky, am I wrong?

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cb31

Original Poster:

1,144 posts

137 months

Monday 5th February 2018
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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?

TooMany2cvs

29,008 posts

127 months

Monday 5th February 2018
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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.

anonymous-user

55 months

Monday 5th February 2018
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Ask to see a signed copy of the contract before you pay it.

If it says it and you signed pay up, if it doesn't exist tell them to do one.

Amateurish

7,762 posts

223 months

Monday 5th February 2018
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Ask to see a copy of the signed contract.

The Moose

22,882 posts

210 months

Monday 5th February 2018
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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...

cb31

Original Poster:

1,144 posts

137 months

Monday 5th February 2018
quotequote all
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.

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

25,621 posts

168 months

Monday 5th February 2018
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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?

AndStilliRise

2,295 posts

117 months

Monday 5th February 2018
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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.

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.
Tell them of Foxtrot Oscar. I had something similar with an agent very recently.

brrapp

3,701 posts

163 months

Monday 5th February 2018
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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?

cb31

Original Poster:

1,144 posts

137 months

Monday 5th February 2018
quotequote all
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.

warp9

1,587 posts

198 months

Monday 5th February 2018
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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.

cb31

Original Poster:

1,144 posts

137 months

Monday 5th February 2018
quotequote all
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.

p1stonhead

25,621 posts

168 months

Monday 5th February 2018
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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.
I would suggest you ask them to drop it and walk away with no payment. They didnt manage to sell your house and didnt send you a contract. Ask them to simply call it quits lesson learned. Im sure they will go for it.

Europa1

10,923 posts

189 months

Monday 5th February 2018
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keirik said:
Ask to see a signed copy of the contract before you pay it.

If it says it and you signed pay up, if it doesn't exist tell them to do one.
No, ask to see a copy of the contract you entered into.

hyphen

26,262 posts

91 months

Monday 5th February 2018
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AndStilliRise said:
Tell them of Foxtrot Oscar.
yes

Flibble

6,476 posts

182 months

Monday 5th February 2018
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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.
I don't think that's unreasonable - I just checked my estate agent contract, there are no terms for recovering expenses other than from a completed sale. Seems fairly standard. Also 6 months is plenty of time - as you say, a fair crack of the whip.

AyBee

10,550 posts

203 months

Monday 5th February 2018
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How did you know they required 2 weeks' notice if you didn't have a contract?

cb31

Original Poster:

1,144 posts

137 months

Monday 5th February 2018
quotequote all
AyBee said:
How did you know they required 2 weeks' notice if you didn't have a contract?
Alright Clouseau smile

When I called up to say I was moving agents he said ok 2 more weeks notice then we can go, it was news to me but not a big deal.

Murph7355

37,804 posts

257 months

Monday 5th February 2018
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Nothing signed, no email responding to the contract they sent through and you being adamant they were never clear on this...I'd tell them no thanks.


928

221 posts

178 months

Monday 5th February 2018
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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.