Estate agent being cheeky, am I wrong?

[TooMany2cvs]

cb31 said:

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.

Anywhere will sell... if the price is right. If you're not getting interest, it's too expensive.

[Badda]

Very surprised at people supporting the OP here. He was given a contract and didn't read it - he then terminated the contract and had been invoiced as per the contract and somehow he's in the right?

Very odd!!

[BlackLabel]

cb31 said:

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.

Is this actually a thing when it comes to British contract law?

[rich350z]

Badda said:

Very surprised at people supporting the OP here. He was given a contract and didn't read it - he then terminated the contract and had been invoiced as per the contract and somehow he's in the right?

Very odd!!

He wasn't given one. They said they posted it.

[Badda]

rich350z said:

Badda said:

Very surprised at people supporting the OP here. He was given a contract and didn't read it - he then terminated the contract and had been invoiced as per the contract and somehow he's in the right?

Very odd!!

He wasn't given one. They said they posted it.

I suspect he had it and binned it. Most Companies know that some people always query bills and therefore make a point of doing stuff like paying a pound to post a contract. It's professional and good business sense.

Op - hand on heart, are you 100% sure you've not been sent a contract? It's quite usual to be given it in the pack you receive when instructing them.

[Badda]

BlackLabel said:

cb31 said:

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.

Is this actually a thing when it comes to British contract law?

Yes.

[Mojooo]

Badda said:

rich350z said:

Badda said:

Very surprised at people supporting the OP here. He was given a contract and didn't read it - he then terminated the contract and had been invoiced as per the contract and somehow he's in the right?

Very odd!!

He wasn't given one. They said they posted it.

I suspect he had it and binned it. Most Companies know that some people always query bills and therefore make a point of doing stuff like paying a pound to post a contract. It's professional and good business sense.

Op - hand on heart, are you 100% sure you've not been sent a contract? It's quite usual to be given it in the pack you receive when instructing them.

Why on earth wouldn't they get him to sign it - given that something like this must crop up often.

[bad company]

Badda said:

Very surprised at people supporting the OP here. He was given a contract and didn't read it - he then terminated the contract and had been invoiced as per the contract and somehow he's in the right?

Very odd!!

If the op hasn’t agreed the contract in writing or verbally then how can this be so.

I suspect that the contract may say something along the lines of ‘by instructing us to market your property you are deemed to have agreed the following’.

So op, were you handed a contract and if so at what stage and was it agreed?

[henrycrun]

My 1st question before appointing Estate Agent - when can we drop you FoC and appoint another EA ?

[TooMany2cvs]

BlackLabel said:

cb31 said:

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.

Is this actually a thing when it comes to British contract law?

He'd have been the first to piss and whinge if they'd not actually started work until he'd received the contract, read it, signed it, returned it.

[Badda]

Do we infer from this that had the EA sold the property then the OP would refuse to pay as there was no contract?

[anonymous-user]

bad company said:

If the op hasn’t agreed the contract in writing or verbally then how can this be so.

The existence of a contract can be implied from conduct.

[bad company]

Greg66 said:

bad company said:

If the op hasn’t agreed the contract in writing or verbally then how can this be so.

The existence of a contract can be implied from conduct.

That would probably be right if the estate agent had sold the property. There’s then an ‘implied contract’ to pay his fee.

OP - I would write back and tell them that you won’t be paying. It’s not economical for them to sue you for such a small amount especially as I would say they have a less than 50/50 chance of winning. They can’t even claim for costs .

[Robertj21a]

I've always had to sign a contract with an EA. Otherwise how do either of us know the agreed rate of commission and/or how matters proceed after x months or if a sale is achieved through a different route ?

[hyphen]

Badda said:

I suspect he had it and binned it. Most Companies know that some people always query bills and therefore make a point of doing stuff like paying a pound to post a contract. It's professional and good business sense.

Then they would send it registered or recorded delivery, not "we have a hand scribbled note somewhere that the secretary who is now on leave said she sent it."

High churn in estate agents and lots of inexperienced and overworked staff, I would say they dropped the ball on it.

[don'tbesilly]

bad company said:

Greg66 said:

bad company said:

If the op hasn’t agreed the contract in writing or verbally then how can this be so.

The existence of a contract can be implied from conduct.

That would probably be right if the estate agent had sold the property. There’s then an ‘implied contract’ to pay his fee.

OP - I would write back and tell them that you won’t be paying. It’s not economical for them to sue you for such a small amount especially as I would say they have a less than 50/50 chance of winning. They can’t even claim for costs .

A contract can be formed based on performance, which is no different to as Gregg stated, being conduct.

Without knowing the details of what if anything the EA did on behalf of the OP, it would be fair to assume they prepared some form of marketing for the property, and advertised the property be it within the EA premises and probably online.

The fact the EA failed to secure a buyer would probably be neither here or there in terms of the contract.

I'm not suggesting that the EA could enforce a contract in this manner, but I don't necessarily think a *uck off in response to an invoice (not what you suggested by the way) would be successful and the chances are the EA will pursue the OP.

There is of course the option of refusing to pay, but don't be surprised if the EA doesn't just not bother in following up the claim.

[bad company]

don'tbesilly said:

A contract can be formed based on performance, which is no different to as Gregg stated, being conduct.

Without knowing the details of what if anything the EA did on behalf of the OP, it would be fair to assume they prepared some form of marketing for the property, and advertised the property be it within the EA premises and probably online.

The fact the EA failed to secure a buyer would probably be neither here or there in terms of the contract.

I'm not suggesting that the EA could enforce a contract in this manner, but I don't necessarily think a *uck off in response to an invoice (not what you suggested by the way) would be successful and the chances are the EA will pursue the OP.

There is of course the option of refusing to pay, but don't be surprised if the EA doesn't just not bother in following up the claim.

So the EA decides to pursue the op. What exactly can they do?

[Badda]

bad company said:

So the EA decides to pursue the op. What exactly can they do?

They can issue a claim through the courts for about £25.

[don'tbesilly]

bad company said:

don'tbesilly said:

A contract can be formed based on performance, which is no different to as Gregg stated, being conduct.

Without knowing the details of what if anything the EA did on behalf of the OP, it would be fair to assume they prepared some form of marketing for the property, and advertised the property be it within the EA premises and probably online.

The fact the EA failed to secure a buyer would probably be neither here or there in terms of the contract.

I'm not suggesting that the EA could enforce a contract in this manner, but I don't necessarily think a *uck off in response to an invoice (not what you suggested by the way) would be successful and the chances are the EA will pursue the OP.

There is of course the option of refusing to pay, but don't be surprised if the EA doesn't just not bother in following up the claim.

So the EA decides to pursue the op. What exactly can they do?

If the EA is so minded, pursue their invoice cost through the small claims court, or some other way to reclaim what they consider the OP owes.

Whether they will or not will depend on what the OP decides, if it was me I'd challenge the claim and try and assess just how far the EA would likely push in trying to recoup their cost.

@the OP -

Did the EA arrange any visits from prospective buyers? Did the EA promote the property either in their premises or online.
How much interaction was there between you & the EA?
Did you raise any concerns with the EA about the level of interest shown in your property, prior to you finally going elsewhere?

[bad company]

Badda said:

bad company said:

So the EA decides to pursue the op. What exactly can they do?

They can issue a claim through the courts for about £25.

It’s £35. It will take them considerable time to make the claim. They can’t claim any costs apart from the £35 issue fee and from what I’m reading they’re likely to lose.

Not worthwhile for them.