Estate Agents Trying To Shaft Us

[davep24]

Hi, I'm after a little advice. We found a barn conversion we really liked, however at the time our house was not on the market. EA advised us that no offer would be considered unless our house was on the market. So, our house went on the market with the same EA and sold within 2 days. We made an offer on the barn we really liked and it was accepted.

Now things start to go bad. it turns out the barn conversion being less than 10 years old needed a warranty for the mortgage to be accepted. The vendor did not have said warranty however did agree to arrange a retrospective one after much tooing and froing.

This set some alarm bells ringing so I got a few friends (architects) to look at it. Basically it turns out the conversion has been done to a very poor standard. e.g poor fit on windows, random damp proof course on new sections, damp proof course too low in one part and blocks used instead of bricks. But the worst part is the gable ends are original and the whole building has been rendered with cement based render. Any good renderer will tell you this is a no no on old brickwork as it locks moisture in, and the wall will eventually fail.

So yesterday we told the EA that we don't want to buy it and there are no suitable properties for us. This means that the sale of our house will not progress as we are unwilling to move out.

The EA is now asking for the £1500 fees for the sale of our house as they are saying the found a buyer for us. These fees will be payable upon exchange of contracts.

In addition we got prior agreement with the EA that if no property was found we would not have to pay any fees as we were only interested in the barn conversion.

Any help would be greatly appreciated

[OverInflated]

The EA is now asking for the £1500 fees for the sale of our house as they are saying the found a buyer for us. These fees will be payable upon exchange of contracts.

A lot will depend on what is in the contract you signed with them. If it states, payable upon exchange, then as you haven't and aren't going to exchange, then it isn't payable.

Read the contract, see what it says.

[GreenDevil]

Tell them you will sell the property to them when you find a new place. Its a Chain. Eventually the buyer will ull out out they will no longer have a buyer.

[spunko2010]

Never heard of this before - an agent demanding payment before exchange? A new low. If I were you I'd placate them with the (phony) idea that you'll sell with them later once another property comes along. Then just completely blank them and block their calls.

What agent was it? Name and shame please.

[wherebee]

Never heard of this before - an agent demanding payment before exchange? A new low. If I were you I'd placate them with the (phony) idea that you'll sell with them later once another property comes along. Then just completely blank them and block their calls.

What agent was it? Name and shame please.

agree 100%

it's not sold until it's sold. unless you have a very unusual contract, you owe them nothing until it is sold.

[nnails]

The person I brought my house of changed estate agents.

what happened was I put and offer in and offer and they did not phone me back to let me know it had rejected or to put in higher offer. The seller realised the estate agent was useless and changed estate agents.

The new estate agent I walked in put an offer for 5k more and 2 weeks later it was accepted but the sellermade sure I did not tell the old estate agents

[janch]

I have never heard of this either. Most agents operate on a "no sale no fee basis". I have just been through a similar process to the one the OP describes but after a couple of months the buyer for my property pulled out. The EA was desperate to put the house back on the market but I decided I'd had enough hassle for the moment so have not been answering their calls.

I don't feel guilty as the agent would have got £2K for 1 viewing and a few phone calls plus a slot on RM. In my previous house moves the agent has been paid only after completion of the sale and after I'd moved ie at the same time as the solicitor.

[Exiled Canadian]

Hi, I'm after a little advice. We found a barn conversion we really liked, however at the time our house was not on the market. EA advised us that no offer would be considered unless our house was on the market. So, our house went on the market with the same EA and sold within 2 days. We made an offer on the barn we really liked and it was accepted.

Now things start to go bad. it turns out the barn conversion being less than 10 years old needed a warranty for the mortgage to be accepted. The vendor did not have said warranty however did agree to arrange a retrospective one after much tooing and froing.

This set some alarm bells ringing so I got a few friends (architects) to look at it. Basically it turns out the conversion has been done to a very poor standard. e.g poor fit on windows, random damp proof course on new sections, damp proof course too low in one part and blocks used instead of bricks. But the worst part is the gable ends are original and the whole building has been rendered with cement based render. Any good renderer will tell you this is a no no on old brickwork as it locks moisture in, and the wall will eventually fail.

So yesterday we told the EA that we don't want to buy it and there are no suitable properties for us. This means that the sale of our house will not progress as we are unwilling to move out.

The EA is now asking for the £1500 fees for the sale of our house as they are saying the found a buyer for us. These fees will be payable upon exchange of contracts.

In addition we got prior agreement with the EA that if no property was found we would not have to pay any fees as we were only interested in the barn conversion.

Any help would be greatly appreciated

Tell the EA to do one. There's no buyer until exchange.