House withdrawn from sale - Auctioneers fees?

Hi! Withdrew house from sale and just wondering now what are reasonable acutioneers fees.

They are charging e440 for myhome.ie - I believe it's actual cost is e180.00.

They are charing e220 for sale board and e150 for photographs - taken with their own digital camera for myhome.ie

There were no newspaper adertisements, and no borchure - at least I never received one or was aware that there was a brochure.

Would welcome comments/advice.

Did you agree to these fees up front? If so then I think you are liable for them...

elainem said:

Hi! Withdrew house from sale and just wondering now what are reasonable acutioneers fees.

They are charging e440 for myhome.ie - I believe it's actual cost is e180.00.

They are charing e220 for sale board and e150 for photographs - taken with their own digital camera for myhome.ie

There were no newspaper adertisements, and no borchure - at least I never received one or was aware that there was a brochure.

Would welcome comments/advice.

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There is usually a section of this in their agreement. Assuming you signed something with them it should contain your answers.

In respectto the costs been claimed by them, ask for invoices for the various third party services they are charging you for. they would be entitled to a % ontop for their own company.

Hi! Emerald and KKelliher, I signed nothing - they never gave me anything to sing. Where does that leave me and them?

elainem said:

Hi! Emerald and KKelliher, I signed nothing - they never gave me anything to sing. Where does that leave me and them?

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It leaves you both in a dispute. No one would appear to be in any stronger a position than the other (outside of the fact that you have the power of the checkbook)

elainem said:

Hi! Emerald and KKelliher, I signed nothing - they never gave me anything to sing. Where does that leave me and them?

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Then it adios to them,no contract-no come back on you.

Love to try and see them enforce a contract that doesn't exist.

Knuttell said:

Then it adios to them,no contract-no come back on you.

Love to try and see them enforce a contract that doesn't exist.

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A contract does not have to be in writing.

Clearly a contract existed between elainem and the auctioneers. Normally I would advise someone in this position to offer what they think is fair and reasonable in the circumstances, so for eg offer 180 for the myhome ad and so on. In person usually works out better, so that you can talk face to face, cheque book in hand. You will both then get an opportunity to express your points of view.

Knuttell said:

Then it adios to them,no contract-no come back on you.

Love to try and see them enforce a contract that doesn't exist.

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This is not correct

A contract clearly exists as the auctioneer has put the house up in myhone etc therefore specific performance is evident. Try and do a deal and if possible keep solicitors out to avoid unnecessary additional costs

You are liable for the costs, but you may dispute them. I've no idea how much a for sale sign costs, but 220 sounds like a lot to me for something that can be reused. And I've never heard of a charge for photos before. Looks like they are chancing it, but you must pay for some of it.

Acutioneers fees - house withdrawn?

Hi! Need advice following updated situation. I have rental property let through these auctioneers, and they are are intending to withhold e2600 of rental income in lieu of their fees when I withdrew the property, even though their only outlay was myhome.ie, a sign board, and digital photos for myhome.ie - there was no brochure or advertisement in any paper. Advise please!!!!

I doubt they can do this. Can you confirm the following;

You do not have a written contract
You have not received an itemised invoice
You have not refused to pay a sum to them
Is there anything in your letting contract that says they may deduct other fees owed from rent?

House withdrawn from sale - auctiioneers fees?

Hi! Luternau,

I have no written contract with them. They never sent me an itemised invoice and they never asked me for a lump sum payment. The rental contract does not permit them to take any monies except those due to them for management and agreed maintenance of the proeprty. Currently there are no management or maintenace charges due to them.

I withdrew the property the day after it had gone sale agreed - I asked them not to cash the cheque as I was going to be facing major surgery and so would not be able to move and would be recovering for at least six months. The house I was purchasing also fell through.

Any more comments would be very welcome.

In fairness to the auctioneers. You engaged them to sell your house. They did so and after going sale agreed you withdrew from the contract with the purchaser. I think that you owe them 100% of the fee, they have done what you asked.

They can't take the fee from your rent deposit.

PS I also think that you should have disclosed this at the start of the discussion.

I would agree with Joe90 on both points. You posted only some of the information-the bit you left out changes everything. As pointed out earlier, the absence of a written contract, does not mean there is no contract.

They found a buyer for your property-it went sale agreed (which means you accepted an offer relayed by the agent to you from a buyer). You would therefore appear to be liable for the costs associated with the sale and the commission.

Rightly or wrongly, they have their fee and your will have to pursue them for it's return if that's you choice. This may involve legal costs.

Hi!

Thanks to both of you for your replies. Sorry if I didn't make things clear initially.

I didn't know I was liable for fees if it went sale agreed - I asked them not to cash the cheque until I was sure I could get the house I was tryingn to buy. I suppose what I am really annoyed about is that they never sent me an invoice, or a request for payment, and just took the rental income without any warning/explanation. If there was a request for payment, then we could have negoitatied/disputed it, etc.

They haven't got all of the fee - the fee was e10,000 and they have e2500 of that money. However, I sent them an email terminating my management agreement with them today, and I also approached the tenants, and informed them that they would have to put the rent through my account from now on; that I would be managing the property, and would have a new Lease agreement drawn up next week. However, I don't suspect that they will now give the tenants back their deposits which they were holding for them.

I also wonder how they could take the monies from the rental income without any notice, any request for payment etc. and when the rental agreement states that only management fees, and agreed maintenance costs can be taken from the rent? Perhaps someone could advise/comment here?

There are some legal people here that may pick up on this. A negotiated settlement looks like the best outcome.

If you have a solicitor, you should ask advice on this.

Best of luck.

elainem said:

I didn't know I was liable for fees if it went sale agreed.

They haven't got all of the fee - the fee was e10,000 and they have e2500 of that money.

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Elaine,

Maybe I'm missing something here but you asked them to find a buyer and they did you changed your mind why do you think that you would not be liable for the fees?

If they have not provided you with an invoice or quote how do you know you owe them €10,000?

In relation to the issue of them taking the money from your rent. This is completely inappropriate in my view.

You should look at the property services regulatory authority website. In my view the auctioneer is not entitled to take money from a clients account with out the express permission of the client.

Hi! Thaniks again for replies. Re thinking I was not liable for fees - I guess I was a bit niaive or not thinking things through properly. I have never sold anything before, just bought. So I presumed that I would only be liable for their costs and outlay - a bit like if I wtihdrew from a conveyance, I would be liable for their outlay.

The fee for the sale was 2%, that's why I presume that if I am liable for the while fee, it would be e10,000.

I'm glad to know that it is entirely inappropriate to take money for an auctioneer to take money from a client's account. If they had sent me an invoice, and requested money from me, and I didn't pay or try to negotiate, then I may understand their actions, but I was given no warning about this, and I use this money to live on, basically now, I will have to cancel the week away at Easter for the kids - but I suppose in the heel of the hunt, it's a lesson learned, and maybe it could be worse!

Thanks again.

I think they are not allowed to deduct the auctioneer fees from the rent.

That said I completely see why they are doing so. After all their work and going sale agreed you pulled out. To me you owe them the full fee of 10K. If you get off with 2500K plus the rental deposit you will be doing well.

I wouldn't like to be going before a judge arguing for you based on the facts you've disclosed so far.

And if I were the auctioneer I'd be pretty peeved that the sale is cancelled at sale agreed stage with the loss of fee that entails and in addition you've terminated the rental agreement.

House withdrawn from sale

Hi! Just in case anyone finds themselves in similar situation, I have contacted seven different estate agents, including a director of one of the big name firms who I know from my schooldays. They all said that while technically they cud due in this situation, it is not standard practice, and none if them had ever experienced it. They all followed the rule no sale, (that is sale completed), no fee.