Soldato
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gone back and asked this.
Estate Agent Demanding Fees After Sale Through Another Agent
- Thread starter Transform_IT
- Start date
So you're still communicating with someone you accused of harassment?
I think you need to be a bit careful here and be very mindful of the wording you use, especially if solicitors etc are getting involved.
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I wouldn't personally prompt them to start considering this, let them figure out that argument on their own if they want to go down that route.
He's already made the statement that the sale was completed seven months after the contract ceased, no point prompting them that they might be able to argue their 6 month period actually meant exchange date - if they can't figure it out on their own, don't help them
Soldato
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I have already filed an official complaint with them separately to the demand I received this morning - this is a follow-up action on the back of the complaint. Regarding the harassment, I was referring to the multiple phone calls demanding fees with the threat of legal action if I do not pay. It would be reasonable to seek clarification on this in the hope of reaching an amicable resolution. But, being the slippery kipper he is and the type of agent who's been in trouble for money issues, I imagine he will have some back street solicitors willing to do his dirty work for a share of the £5k.
Soldato
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Yes, which is apparently where they get their data and followed up with a phone call to me.
Soldato
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I have now received a response from the estate agent regarding their claim for commission. They have acknowledged my complaint but strongly refute it, stating that their contact of 3 phone calls and 1 email with me does not constitute harassment - Fair challenge.
Their argument is that they introduced the buyers to the property and facilitated negotiations, with a sale memorandum sent to solicitors before I withdrew from the sale. The property was then taken off the market after the notice period. They claim that because I later sold to the same buyers, they are entitled to commission.
They have referenced an email I sent when withdrawing from the original sale on 14th August, in which I acknowledged their efforts. We received an email from them on 15th August 2023 confirming our property has been withdrawn. They are now asking for a phone call or meeting to discuss the matter further.
Additionally, despite my preference for written communication, they have made multiple calls, including one just minutes after I responded to their email. They have not provided any further evidence of contracts which I requested or terms of sale. They have copied in a solicitor.
I would appreciate any advice on how best to proceed. Has anyone dealt with a similar situation? The guy is a slime ball and I would much prefer to do it via email so everything is recorded.
Their argument is that they introduced the buyers to the property and facilitated negotiations, with a sale memorandum sent to solicitors before I withdrew from the sale. The property was then taken off the market after the notice period. They claim that because I later sold to the same buyers, they are entitled to commission.
They have referenced an email I sent when withdrawing from the original sale on 14th August, in which I acknowledged their efforts. We received an email from them on 15th August 2023 confirming our property has been withdrawn. They are now asking for a phone call or meeting to discuss the matter further.
Additionally, despite my preference for written communication, they have made multiple calls, including one just minutes after I responded to their email. They have not provided any further evidence of contracts which I requested or terms of sale. They have copied in a solicitor.
I would appreciate any advice on how best to proceed. Has anyone dealt with a similar situation? The guy is a slime ball and I would much prefer to do it via email so everything is recorded.
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You can record phone calls for records btw. I think if you make it clear you're not going to do anything off the record their attitude might change.
I haven't dealt with this but I have dealt with a lot of commercial disputes and this feels very much like trying to pressure you to settle for fears of consequences.. like don't do this but I bet if you suggested a compromise they'd negotiate.
Thing is this is black and white, one of you is right and the other by definition is not.
If you've taken decent legal advice where you've told the whole truth and they say you're in the clear then I'd just keep going and dare them to start proceedings.
I haven't dealt with this but I have dealt with a lot of commercial disputes and this feels very much like trying to pressure you to settle for fears of consequences.. like don't do this but I bet if you suggested a compromise they'd negotiate.
Thing is this is black and white, one of you is right and the other by definition is not.
If you've taken decent legal advice where you've told the whole truth and they say you're in the clear then I'd just keep going and dare them to start proceedings.
Soldato
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Their email today, despite the withdrawal email they sent me stating it was withdrawn on 15th August, even if a 30-day notice period did apply on top of 14th August, alongside a 6-month window as per their agency terms, would take the date to 13th March. The exchange and completion were on 15th March. Cutting it fine, but outside of their window of commission entitlement. However, I feel from the tone of their email that they are trying to invite me in or start a telephone conversation to negotiate and are also trying to offer a resolution to appear the property ombudsman and courts that they tried to resolve before taking legal action. Also, with them having a solicitor copied in and now involved, makes me feel they believe they are correct. Yet, they still haven't provided what I requested... although I did give them 15 days to send that information over, as per TPOS guidelines.
Snip from Email:
I would welcome the opportunity to either chat on the phone or arrange a meeting at the office so we can discuss further and agree a resolution.
As your email above states that you were happy with the professional service we provided, I don’t understand why you feel unwilling to settle our account.
If you would like any further information, please do not hesitate to contact me and please let me know if you wish to discuss this matter personally then let me know when it is convenient.
There's no account to settle, you don't owe them anything. "Agree a resolution" suggests he's willing to negotiate a lower amount because he knows you don't owe anything under the terms of the contract. Personally I wouldn't offer any amount to settle it in case it was viewed as an admission that you owe him something if it went to court. I also wouldn't agree to a phone call as there's no benefit to you whatsoever, but if you do then make sure it's recorded.
Soldato
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Penciled this together. Thoughts?
Dear X,
I acknowledge receipt of your email. To clarify, my position remains unchanged: I do not believe I owe any commission or fees to your agency.
I have formally requested that you provide clear, contractual evidence that substantiates your claim, including any signed agreement stating that a commission is due under these circumstances. Until such evidence is provided, I consider your demands for payment to be unsubstantiated.
Furthermore, I have explicitly requested that all communication be conducted in writing. Despite this, you attempted to call me again immediately after my request. I reiterate that I will not engage in phone calls or face-to-face meetings regarding this matter. All further communication must be via email or letter. Continued attempts to contact me by phone or pressure me into a meeting will be considered unwanted and unreasonable contact.
Once again, please provide the necessary contractual evidence that legally obligates me to pay the amount you are demanding. Until then, I will not entertain further discussion on this matter.
Regards,
Dear X,
I acknowledge receipt of your email. To clarify, my position remains unchanged: I do not believe I owe any commission or fees to your agency.
I have formally requested that you provide clear, contractual evidence that substantiates your claim, including any signed agreement stating that a commission is due under these circumstances. Until such evidence is provided, I consider your demands for payment to be unsubstantiated.
Furthermore, I have explicitly requested that all communication be conducted in writing. Despite this, you attempted to call me again immediately after my request. I reiterate that I will not engage in phone calls or face-to-face meetings regarding this matter. All further communication must be via email or letter. Continued attempts to contact me by phone or pressure me into a meeting will be considered unwanted and unreasonable contact.
Once again, please provide the necessary contractual evidence that legally obligates me to pay the amount you are demanding. Until then, I will not entertain further discussion on this matter.
Regards,
Soldato
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As above, you have already set out your position, leave them to it.
I am in the process of selling a property and the clause for us is as follows:
"Should these instructions be terminated and the vendor subsequently exchanges contracts within a period of 6 months, to a purchaser previously introduced by us during the time of our appointment, then commission, at the rate shown will be payable in full".
I am in the process of selling a property and the clause for us is as follows:
"Should these instructions be terminated and the vendor subsequently exchanges contracts within a period of 6 months, to a purchaser previously introduced by us during the time of our appointment, then commission, at the rate shown will be payable in full".
Soldato
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True - this is available from land registry and exchange and completion took place on same day.
The estate agent hasn't asked for this, they have just asked for their commission and still haven't provided me with the signed contract or anywhere where it states in their agency agreement otherwise.
speedfreaks is ambiguous on what is contract exchange .... mine March last year was informally exchanged, signed with no date at least a month before completion,
and the solicitor did the deed on the completion day, with just a telephone approbation from me, once I came up with the reddies.
and the solicitor did the deed on the completion day, with just a telephone approbation from me, once I came up with the reddies.
Soldato
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Highly unusual to do that.
Yes although its generally a verbal agreement now with contracts sent afterwards.
Historically exchange happened decently before exchange, but it leaves risk for people in the chain (eg someone losing a job who now cannot get their mortgage) so people tend to shorten that significantly.
In fact my last two moves were exchange and completion on the day of the move.
Actually no just remembered the last one we exchanged the day before (in a mad panic) but it was hectic as we had an american in the chain who didn't get the UK process and nearly brought the whole thing down by giving their solicitor strange instructions.