Estate agent demanding payment for no service

[1mper1um]

apologies if this is posted in the wrong place - admins please move if required.

 

Last year I signed up with an estate agent on a 3 month exclusive contract to sell my house. After 4 months I brought in another agency who suggested co-listing on a ‘winner takes all’ basis but agency 1 said they would demand their fee even if agency 2 sold my property so I told them that as my contract with them has expired, I’m going solely with agency 2.

 

Agency 1 responded by saying that the contract states that I would have to give them 14 days notice to change agents even though I am out of contract with them and that they would demand their full fee regardless. The property has now sold, agency 2 has been paid and now agency 1 have sent me an invoice.

 

Apart from being (in my opinion) unfair to demand payment when I stopped using their services, I am actually in. I position to pay. My solicitor fees ended up being higher than initially quoted and the cost of living crisis has put me in a perilous predicament as petrol alone has jumped £200pm and gas/electricity is similar.

 

As I result, I don’t have any option to pay and I’m wondering what are my options are - especially as this is not a credit agreement and they cannot enforce payment or affect my credit rating? 
 

I’m hoping their invoice is akin to a privately-operated car park fine whereby they can send me to a DCA but little else.

 

Thx in advance.

 

 

[dx100uk]

Private car park companies can't issue FINES.

 

A DCA is not a BAILIFF and have ZERO powers on any debt 

 

Pers I'd ignore them 

 

Dx

[1mper1um]

So there’s no legal basis for the estate agent to sue me, take me to court or whatever?

 

 

 

 

 

 

[dx100uk]

This isn't America we don't suffer sue me sue you blues here 

 

The contract as you state had ended. 

 

Dx

[1mper1um]

But what about their contract stating even if the contract expires I’ve got to give 14 (or maybe it was 28) days notice?

 

The point I’m making is: where do I and they stand legally - what steps could they take to enforce payment?

 

 

Edited August 1, 2022 by 1mper1um

[dx100uk]

well its a bit like autorollover on something by default.... just because you didnt read the small print....most of those were outlawed years ago.

 

exact what can they do, they could eventually if they wished, raise a court claim, certainly nothing else like DCA/sols/bloke banging on your door are ever to be paid any lip service.

 

trouble is though, i've not seen one, and it would not really be very good publicity for them , even if they won.

 

you'll get lots of willy waving and scary read letters threatening your nan's budgies gonna be hanged, 

 

17 hours ago, 1mper1um said:

I told them that as my contract with them has expired, I’m going solely with agency 2.

good enough .

 

dx

 

[stu007]

Hi

 

I have to agree with dx100uk on this especially since your contract have ended and had a poor service from them.

 

They will try it on with all the different letters demanding this and that or else so what.

 

If they do decide to go down the Court route simply come back here and ask us for advice.

 

Could I ask you to type out that specific Clause in the Agreement in full that you signed that refers to this 14 days Notice?

[theberengersniper]

What they're saying makes no sense. They can't tell you the contract is finished and that you owe them notice too, the two things are mutually-exclusive.

If a contract is over, how can you be bound by any of its terms? The contract would have to remain live for that to be the case.

[unclebulgaria67]

Perhaps contract did not end. It was 3 months as sole agency and after this the  contact continued. The ending of the contact was subject to providing notice as stipulated in the contact and the agency are saying this did not happen or was not done correctly ?

 

 

 

 

[1mper1um]

Thanks, all. If I still have the contract it is at the bottom of one of many cardboard boxes of unpacked items in my new property. If they continue to chase I will ask them to resend me a copy of my signed contract. 

 

When they chase up, is it worth telling them that I have no money to my name now that the fuel bills and inflation have eaten up the few hundred pounds a month I had left over in each pay packet? Would it make a difference if they knew that even if I acquiesced to pay, they'd be getting £5 a month?

[unclebulgaria67]

You could just reply, please provide evidence of any liability at the time of sale.

 

Keep it short and sweet.

 

If they prove you had not really cancelled the contract and still had liability, then yes you could pay say £5 per month based on affordability, but get advice before you do that.

[Andyorch]

Liability for what ?  How much is this invoice for and what is the nature of the charge ?

[1mper1um]

£1800 + VAT and it's their fee for selling the property.

 

As I didn't give them 28 days notice that I wanted to involve (or switch to) another agency they say that the contract states i must pay them their full fee in the event of the house selling even though the 3 month exclusivity contract had expired.

[dx100uk]

On 01/08/2022 at 18:12, 1mper1um said:

Agency 1 responded by saying that the contract states that I would have to give them 14 days notice

 

49 minutes ago, 1mper1um said:

As I didn't give them 28 days notice that I wanted to involve (or switch to) another agency

 

ruddy fleecers IMHO.

they say oh its 14 days.

then say no its 28days..

 

well the home failed to sell after their 3mts exclusivity ended, you didnt renew it, then you sold the home month 4, well that 28days or more anyway.

 

like all estate agents they are trying to fleece you, probably some office junior given the task of sending out a few scary letters as they've been gazumped too many times.

 

if it were me id totally ignore some idiots 1 yrs later,

they'll not do anything as the bad publicity will hurt them more than trying to get a mug to pay +£2K of their fees they are not entitled too from a mug

 

 

[1mper1um]

On 08/08/2022 at 00:38, dx100uk said:

if it were me id totally ignore some idiots 1 yrs later,

 

Are you saying that you would ignore them after one year later or that they would give up chasing after a year?

 

Also, are we sure they don’t have a leg to stand on or are we assuming at this point? I’m grateful for the help – I just want to make sure of my position before I respond.

 

One of the estate agents left a voicemail this morning asking me to call them back. Obviously this is about the outstanding fee - do you advise I respond or ignore?
 

If you recommend I respond, should I ask for a copy of my signed contract to see if I accepted their T&C (particularly this one we’re discussing) or should I flat-out tell them ‘I don’t have the money so do what you must?’

 

 

Edited August 10, 2022 by 1mper1um

[dx100uk]

I would ignore 

 

Dx