Must I pay an incompetent estate agent?

[ClubMan]

The original agent has suddenly contacted us requesting his fee and or the sale to go ahead with the original buyers who he claims are still interested.

What was the outcome of this?

I have engaged a new agent subject to finding out what the old contract had on it.

Check your contract with them for clarification?

I don't really understand why you seemingly never did this:

Why have you not gone down to the estate agents office and looked them in the eye and asked they what was going on?.

 

[Tadaima]

@ClubMan We have ignored this request for the fee at the moment. We will request the original contract and agree we should have done so before now. To be honest, I thought the agent had gone away / was no longer interested as no contact at all. Fear of conflict made me not confront him. He is very alpha in character and very charming. (Part of why he is a good salesman). He would make mincemeat of me verbally in a meeting. Either way, I'm delighted my house is back up on the market. The new agent got a sign up, pictures, video, drone work and it online within a week of asking. Sent me a copy of the contract too.

 

[ClubMan]

What fee is he requesting? He's probably entitled to the marketing costs at least (usually a few hundred euros + VAT) as these are up front costs. Is he looking for those or also his selling fee which is usually a percentage of the selling price? Usually this is only payable on closing the sale.

 

[Ruffian]

You might need to be careful here. If the "new" purchaser should be someone who viewed or bid on the house under the old agent he can claim that he was the one who "introduced" the buyer. Or so I have heard!

 

[Tadaima]

@Ruffian Only 3 buyers viewed it. The new estate agent has their details. @ClubMan. Not sure. I think the marketing. But, it didn't work if he wasn't contactable by potential buyers for the last few months. I know some people tried to contact him re viewings but could not get a reply. One was informed in writing that it was already sale agreed, closing was imminent and at a higher price than the previous sale agreed price.

 

[Leo]

You might need to be careful here. If the "new" purchaser should be someone who viewed or bid on the house under the old agent he can claim that he was the one who "introduced" the buyer. Or so I have heard!

They don't need any evidence of this at all. The standard contracts they use state that the full commission remains payable unless the contract was formally terminated in accordance with the cancellation policy.

 

[Ruffian]

They don't need any evidence of this at all. The standard contracts they use state that the full commission remains payable unless the contract was formally terminated in accordance with the cancellation policy.

Even if formally cancelled a fee may still be payable if the buyer was introduced by the original agency:

The Client shall:

· not dispose of the property through any other agent for the duration of this agreement and

· be liable to pay the Agent the agreed fees, set out in Clause 9.1 in addition to any other agreed costs/outlays or charges set out in clause 9.3 if, within the period specified in clause 10.3.2 of the termination of this agreement, contracts for the sale of the property are exchanged with a purchaser:

- introduced by the Agent, or

- with whom the Agent had negotiations about the property, or

- introduced by any other agent, during the period of this agreement.
..
10.3.2 The Agent shall not be entitled to a fee where the property is sold more than <SPECIFY PERIOD> after the termination of this Agreement

 

[ClubMan]

As far as I can see the original poster hasn't even bothered to look at (or get?) the contract from the original EA so it's leading to a lot of guessing...

 

[Tadaima]

OP here. The contract is an 'agreement'. If the estate agent is not contactable for four months, surely that is breaking the original agreement and causes the contract to end because of frustration. @ClubMan, we have requested the original contract.

 

[Leo]

surely that is breaking the original agreement and causes the contract to end because of frustration.

Only the courts can decide that, and that will cost a lot more than following the advised process of ensuring the cancellation process is followed with evidence of same retained.

 

[Tadaima]

Thanks @Leo. I have plenty of evidence of no communication despite efforts and evidence of our instruction through solicitors not to proceed with the unreliable buyers and to put the property back on the open market. This instruction was ignored and potential purchasers were informed it was still sale agreed. It was not agreed by us.

 

[Leo]

If you followed that up with a notice of cancellation and you have evidence of same you should be good, but without that the agent likely still holds the upper hand. Ignored instructions don't nullify a contract.

 

[mugsymugsy]

You really need to clear up the original estate agent with what fees are owed to them. Despite their lack of communication you deciding that the contract is null and void may not hold up if he comes looking for a fee/ commission.

 

[Tadaima]

@Leo. The notice of cancellation is not really there then as not formal. My fault. We just stated in an email that we were moving on with another agent because of no contact and no sign outside our house (It blew away in an early storm last year and wasn't replaced despite us asking for it to be.) I think we may go the legal route if we get a bill. Will of course only take legal advice on it. It has been a year of stress. We are already in discussion with our solicitor about it and have gathered all evidence. I cannot comprehend how no communication for months and no sign can be considered a professional service.