A question has arisen which needs clarification please.
An estate agent who does NOT appear to be a member of any recognised professional organisation such as the Ombudsman for Estate Agents or the National Association of Estate Agents , after having conducted themselves in a most un-professional and offensive manner towards their client, the sellers of the house, took it upon themselves, un-prompted and un-solicited by the client, to terminate their appointment IN PRINT TO THE CLIENT and to withdraw from acting on the sale of the client’s house in October 2008, thus effectively rescinding the Contract of their original appointment which been entered into in April 2008 .
Despite the fact that the above agent had advised their client that a “HIPS” report was being made available to potential purchasers, NO “HIPS” REPORT WAS EVER PREPARED BY THEM and the property was marketed by that agent without this legally required package of information and documentation.
The house was subsequently sold, in April 2009 by a totally separate agent, newly appointed by the sellers in January 2009, to a buyer who was introduced by THESE NEW AGENTS but who had, in fact, FIRST been shown the house early in 2008 by the above DEFAULTING agents, who WERE NO LONGER ACTING for the sellers.
Apparently, on an original viewing of the house early in 2008, the person who eventually agreed to purchase the property in April 2009 through the offices of the NEW agents had NOT been prepared to purchase the house in 2008 for whatever personal reason!
As you may anticipate, the crux of my enquiry turns around the fact that the ORIGINAL agents, who had THEMSELVES terminated and rescinded their contract to act in the sale, are now attempting to claim the commission which they consider is due to THEM for having ORIGINALLY introduced the eventual buyer to the sellers back in 2008 and are threatening legal action against the sellers.
Needless to say, a FULL SALES COMMISION FEE plus VAT has already now been paid to the newly appointed agents who were successful in effecting the sale in April 2009.
What is your general opinion and advice in this case please?
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