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rainbow

Estate Agent Thinks He Should Paid Something?

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About six months back we put our flat on the market and found a buyer who was also under offer, unfortunately they lost their buyer shortly after making the offer, we waited and our purchaser found another buyer who they then lost again, waited a couple more months with no result so took the propery off the market for a while.

Well we decided to remarket with a new agent and would you believe it just the day after instructing them the previous agent phones to say our original purchaser now has a garanteed buyer, developer who does not want the house just the land, and can we resume the sale of our property.

So off I pop to the newly instructed agent to explain the situation and he tells me its not a problem they won't hold me to the agreement as the purchaser was introduced prior to their involvement and wished me well and to let them know how I get on, I thanked them and said if the sale fell through I would instruct them again, and they phoned me occasionally to see how things were going.

Well we recently exchanged contracts and complete shortly, then on Friday I get a call from this agent asking if he could bill me for .50% of purchase price as he feels they are entitled to that, I have to pay the original agent 1.50%.

I pointed out to him that we made no such agreement and he had told me to go ahead and wished me well, and that I could have simply cancelled under the seven day cooling off or given him 14days notice allowed under his contract.

I wait to hear from him.

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He's just trying it on.

You made a verbal agreement to cancel the instruction. If you'd known at the time that he was going to be a nob, you would have given the written notice within the cooling off period.

If he is now claiming that the contract exists, he'll need evidence to show that he has continued to honour his obligations.

Your argument is that the contract came to an end by mutual agreement. Also, that he is estopped from enforcing any cancellation penalty in the contract because he said that he wouldn't (promissory estoppel).

If he sends a written demand for money, reply in the above terms and you'll probably never hear from him again.

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I get a call from this agent asking if he could bill me for .50% of purchase price as he feels they are entitled to that

Believe me, in the next few years there will be lots of people feeling they are entitled to things.

Happily in your case, you will ignore this shakedown attempt, yes?

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  • 276 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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