Estate Agent Problems

Good afternoon

I would like your comments on my situation!

I saw a house that I wanted to buy and I put my house on the market with the same estate agents as I was assured that this would simplify matters! Even though we got a full price market offer on our house within a month, the house we wanted to buy had sold to another couple.

Having now viewed innumerous properties we have decided to take ours off the market and try again at a later date. Today we have received an invoice from our agents for £100 to cover the costs of photographs etc.

This was never made clear at any time, frankly never mentioned at all. It seems a rather underhand way of making money out of disappointed clients.

Regards, Helen M

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Dear Advisory,

We are presently selling our property near Leeds, West Yorkshire, and have accepted an offer (STC).

Our first estate agent, who I shall call “Agent 1″ was a cowboy and we terminated our instructions to him after 3 months (being the minimum “lock in period”) and employed Agent 2, who found us a buyer.

Agent 1 now wants to charge a withdrawal fee of £375 plus VAT. To be fair, we signed a contract to that effect (which we shouldn’t have done!). However, is it lawful for Agent 1 to charge a withdrawal fee, where has not found us a buyer or introduced a buyer which Agent 2 subsequently procured a sale to?

I am a solicitor by profession so I know that, in contract at least, we are bound to pay the fee but I am looking to raise an argument that the fee is unlawful at common law or in statute?

Is there any advice you can give?

Many thanks for your help.

Yours faithfully

Geraint P

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Dear Helen & Geraint, thanks for writing in. I will email you back shortly with my recommendations.

Need advice on how to sell a house quickly / online conveyancing solicitors / how to stop repossession / sell & rent back schemes or anything else property related, feel free to get in touch.

Email me - editor@theadvisory.co.uk

Happy house sales!

Gavin Brazg (Editor)