Help with an Estate Agent contract please - court action is immenent

[aqua0]

Hi folks,

I need some help here please.

I put my house up for sale with an estate agent who didn't really put much effort into selling my house other than to constantly play go-between, between myself and my former partner so as to get us to drop the price. I point blank refused and suggested that they inform my former partner that all price negotiations should only be dealt with via our solicitors. They had sole selling rights and as part of the deal they were to give me a free HIP(written on the contract) which was never received even though I know it was carried out.

The estate agents appalling service culminated in them handing out the keys to my now vacant property to someone claiming to be the vendor without performing any validation checks whatsoever! The only reason I found this out was because they phoned me and asked if I could do a viewing with a potential buyer. I explained that that was the service that I was paying them for so why couldn't they do it? This was when they dropped the bombshell.

Fearing the worst, I left work early (at my expense) and headed to my house expecting it to be cleared of all copper and sellables. Fortunately, everything was in order but obviously the locks needed to be changed and the alarm reset(just to make sure.)

The estate agent phoned and offered me the option of them having the locks replaced. I told them that I would rather get it sorted myself due to their apparent blasé attitude to my house. They verbally agreed liability and to cover the cost of having this done.

I duly presented them with a bill for £250 to cover the costs of checking my house was still secure by way of fuel usage, the 2 days lost pay at work (one to leave early to check the house hadn't been burgled and the other to fit the locks) and the cost of the locks themselves.

To add insult to injury, when presented with this invoice, the estate agent declined to pay and claimed that they were not liable for the cost!

Needless to say that at this point I wasn't exactly a happy camper! I wrote to them and told them that I wanted to withdraw my property from sale with them, as they had broken the contract by failing to upkeep their duty of care.

To cut a long and boring story short, following several emails/telephone calls and letters, I received a court document on the 18th December and am now being taken to court as part of the T & Cs of the contract was that I would be liable for a charge of £500 + VAT for withdrawing for any reason. They are also adding on interest at 35.4% from last April plus the court fee of £65. I have stated the above as my defence and handed over the documents to the court offices today. I haven't made a counter claim as I was more concerned about the possible implications rather than the cash I have lost.

I'm at my wits end and somewhat worried that I may potentially end up with a CCJ as I point blank refuse to pay any money to these unprofessional morons. I also dont know how I stand as the contract was signed by me alone but everything had to be agreed by my former partner before they would act, and the court papers are only in my name and listed at my new address which I've only just bought. My former property is still up for sale with another Estate Agent.

Has anyone else been in a similar situation or can anyone knowledgeable give me some advice?

Many thanks

[rogueboy]

Based on what you've provided below, I'd agree with you. They had a duty of care to ensure that your property was not compromised. That duty of care was broken, and then when paying the cost for reasonable safety precautions was not undertaken (I don't believe a verbal admission of guilt in England counts for much in these cases, but the law may have moved on) - the trust was broken. At that time, it was fair for you to cancel the contract and seek an alternative supplier.

 

I don't think their argument of 'for any reason' holds much water. If the MD took a pee on your sofa, then stabbed you in the chest (being an extreme example) you would have every right to rip it up, thus the breakdown in trust would be enough (imo).

 

How to approach this legally...you're probably best with some of the more experienced members responding

[aqua0]

That's the bit I REALLY need help with. What are the rules/law with contracts and duty of care?

[hightail]

I think if there was a duty of care (and I would like to believe there was) then any claim you have against them is for negligence. If it were me, I would put in the counter claim because the details may be pertinent in your defence of their claim but you really do need someone with proper knowledge to comment.

 

I'm sure someone will be along with proper answers in due course.

[raydetinu]

They have an implied duty of care and to take all reasonable to ensure that they all peaople viewing the property are accompanied by either themselves or you.

I would also counter sue for your costs,as stated, this may make them see sense and settle before it comes to court.

As for the hip, you must have one; and if part of their costs they are trying to recover it may be worth paying for it so you dont have to get another one done by your new estate agent; but they are only valid for six months, before they need updating so you need to take that into account.

[aqua0]

Would I now have to start a new claim against the Estate Agent as I didn't counter claim in the original papers?

Also, how would I get a copy of all electronic notes they have about me/my house sale? I need this to prove when they gave away my house keys!

Edited January 6, 2009 by aqua0

[aqua0]

Hi folks,

I need some help here please.

I put my house up for sale with an estate agent who didn't really put much effort into selling my house other than to constantly play go-between, between myself and my former partner so as to get us to drop the price. I point blank refused and suggested that they inform my former partner that all price negotiations should only be dealt with via our solicitors. They had sole selling rights and as part of the deal they were to give me a free HIP(written on the contract) which was never received even though I know it was carried out.

The estate agents appalling service culminated in them handing out the keys to my now vacant property to someone claiming to be the vendor without performing any validation checks whatsoever! The only reason I found this out was because they phoned me and asked if I could do a viewing with a potential buyer. I explained that that was the service that I was paying them for so why couldn't they do it? This was when they dropped the bombshell.

Fearing the worst, I left work early (at my expense) and headed to my house expecting it to be cleared of all copper and sellables. Fortunately, everything was in order but obviously the locks needed to be changed and the alarm reset(just to make sure.)

The estate agent phoned and offered me the option of them having the locks replaced. I told them that I would rather get it sorted myself due to their apparent blasé attitude to my house. They verbally agreed liability and to cover the cost of having this done.

I duly presented them with a bill for £250 to cover the costs of checking my house was still secure by way of fuel usage, the 2 days lost pay at work (one to leave early to check the house hadn't been burgled and the other to fit the locks) and the cost of the locks themselves.

To add insult to injury, when presented with this invoice, the estate agent declined to pay and claimed that they were not liable for the cost!

Needless to say that at this point I wasn't exactly a happy camper! I wrote to them and told them that I wanted to withdraw my property from sale with them, as they had broken the contract by failing to upkeep their duty of care.

To cut a long and boring story short, following several emails/telephone calls and letters, I received a court document on the 18th December and am now being taken to court as part of the T & Cs of the contract was that I would be liable for a charge of £500 + VAT for withdrawing for any reason. They are also adding on interest at 35.4% from last April plus the court fee of £65. I have stated the above as my defence and handed over the documents to the court offices today. I haven't made a counter claim as I was more concerned about the possible implications rather than the cash I have lost.

I'm at my wits end and somewhat worried that I may potentially end up with a CCJ as I point blank refuse to pay any money to these unprofessional morons. I also dont know how I stand as the contract was signed by me alone but everything had to be agreed by my former partner before they would act, and the court papers are only in my name and listed at my new address which I've only just bought. My former property is still up for sale with another Estate Agent.

Has anyone else been in a similar situation or can anyone knowledgeable give me some advice?

[Ross-co]

Without seeig the contract this is a difficult one. That said if their conduct was that unreliable then you certainly have a very good defence.

 

Handing over keys to someone pretending to be th vendor in those circumstance has to be breach of a duty of care.

 

You could throw the cat in there and submit your own claim for the locks, alarm, time, stress etc. I would say somewhere around £1000 would be about right. That if nothing will make them sit up and take notice.

[aqua0]

Without seeig the contract this is a difficult one. That said if their conduct was that unreliable then you certainly have a very good defence.

 

Handing over keys to someone pretending to be th vendor in those circumstance has to be breach of a duty of care.

 

You could throw the cat in there and submit your own claim for the locks, alarm, time, stress etc. I would say somewhere around £1000 would be about right. That if nothing will make them sit up and take notice.

 

This is everything I've received without the defense part as I've already handed that back to the court saying I would defend the full amount. I think I've been a bit hasty with that and in particular the wording. Can I change my defense after I've returned the papers? I handed them back to the court on 29th December.

You'll notice I've taken out any and all information that's identifiable and put comments in place of everything that I've removed.

This is everything I've done to date so I need to know what else I should be doing now.

It's a crying shame that Xmas is over because I could sure do with a serious helping of alcohol now:rolleyes:

[aqua0]

I'll try again with details that are legible!

[aqua0]

PLEASE help me here folks, I can honestly say I'm crapping my pants about this and I feel that time is running short. What do I need to do?

[upto the eyeballs]

Hi,

 

on your contract with the estate agents you have left the name of this company in section 7.

 

If they are members of the National Association of Estate Agents (NAEA) which i am sure they are i would contact them on01926 496800 and put a complaint in them.

 

The NAEA is a governing body for estate agents and members must follow their rules and codes of conduct which i believe they they have broken.

 

Your contract was terminated due to gross misconduct on their behalf. they have breached client confidentiallialy by giving your keys alarm code details.

I believe they may well have breached the data protection act.

I feel you have a strong case for your defence.

The contract isnt even signed by both parties. despite section 14 of their contract your situation with your ex partner and negotiotions for the house being done through solicitors.

 

I would defend the whole amount they are trying to get and put in a counter claim against them for your costs.

 

The NAEA are there to stop cowboys like this lot and will be able to give you more sound advice on the laws and legislation they have broken so i would ring them and go from there.

 

Good luck!

[aqua0]

I don't have a credit agreement with the estate agent but I do want to know what details about me/house/letters and conversations they have as I intend to use this as part of my defense. Should I use the CPR Letter template or something else?

Thanks again.

 

Oh, my mistake with leaving the EA name on the contract and both myself and the EA did sign the contract, but not my former partner.

[lee6370]

I'm assuming that they are taking you to court under point 5 of the contract?

 

So defend point 5.

 

Point 5 clearly states.

 

In the event of your property being withdrwn from the market fro any reason..........

 

So the simple question is did you withdraw your property from the market? or did you kep it on the market but with a differant estate agent?

 

If it is still on the market then you need to show it is, which means that they can not make a claim against you on point 5.