Estate Agents - Sale Commission

The Mad Rapper · 21 Dec 2009 at 12:50

We finally sold a flat we own this month, having had it on the market since May. A lot has happened in that period, several sales fell through, we feel, as a result of rubbish communication from the EA, as well as their general 'crapness'.

They are now asking for their commission, which we do not feel they have earned in full. We are considering deducting 5% on the basis of the above. We've kept copies of e-mails we sent to them expressing our dismay each time we feel that they have underperformed, so we have 'evidence' to substantiate our position.

Have any of you done anything similar? Any advice?

merlin · 21 Dec 2009 at 13:01

About 10 years ago I point blank refused to pay my estate agent one penny.

They passed their file to a debt recovery company and I replied to their legal threat notice before action type letter saying I'll see you in court, I have no offer to make.

I never heard back from them. Winner.

Ev0 · 21 Dec 2009 at 13:09

My folks have had people refuse to pay them before (only a couple in 10 or so years), it goes to court and then they get their money anyway

A decent agent would have no problem winning the case I'd have thought. Definitely shouldn't need to farm it out to a debt recovery compny tbh, to me that makes them sound dodgy/naff right away.

However if you can prove they have been providing a poor service and have just generally been crap then I don't see why you couldn't get some money off if need be.

All depends what's in your contract I guess as well.

The Mad Rapper · 21 Dec 2009 at 13:10

Ha!

Perfect. We'll pay them them majority of the fee, even though they were crap and don't really deserve it (we practically sold the place ourselves), we just are very uncomfortable forking out the full amount.

We'll proceed on the basis you suggest, albeit handing over 95% of their fee, rather than none

Ev0 · 21 Dec 2009 at 13:17

I'd have said that was fair, as much as agents get a bashing (and I agree a lot of them deserve it) there are also many who are just fine. And in the end the house sold and I'm sure they had their part to play somewhere.

Funniest one they had recently was some Dr who whilst driving his Porsche around stopped in and said he couldn't afford to pay them. They arranged something along the lines of some monthly payments and everyone was happy.

The town where my family is there are only 2 other agents there now, one is a complete idiot (he attempted to start price fixing commissions in the town when they first opened as they were undercutting him!) and the other is your typical family who have been doing it for the last 100 years.

I was buying a house which then fell through and the agent was a nightmare, utterly useless. Also the agent selling my dad's flat after he died was also rubbish, I would never ever go with a national chain to sell a house. Although saying that we bought through Haart in the end and they were a really nice office to deal with.

dowie · 21 Dec 2009 at 22:09

I don't blame you tbh... if they've been messing around and have almost caused sales to fall through then I can see why you'd be a bit miffed.

However if you've got your buyer via this estate agent then I think you'll have to pay regardless - you agreed to thier fee etc.. and they introduced the buyer so I'd be pretty sure the agent would win.

For general house sales they really don't add that much value tbh... they certainly don't justify thier fee in any way - certainly with alternative means of listing your home out there yourself these days I'm not sure its always worth it using an agent - at least not for mid range properties in a large urban area.