Thanks for your question. Please kindly RATE my answer when you are satisfied
On what basis did he demand a higher fee please?
Also how has he split the fee as you refer to?
Is this a residential sale? Do you have the above in writing?
Thanks. For clarity the fee you refer to was simply the fee payable to the agents and not related to the price of the property?
Did you agree the fee increase in writing?
Thanks. Finally are you paying a higher fee as a result than the buyer or will the buyer end up paying more as well as a result of your agreement?
Sorry could you clarify your last post - I don't fully follow. That should be my last question
Thanks. There are two issues here. One of contract and one of agency law as follows...
If the agent had already agreed a fee to sell the property with you as the seller (as is normal) he cannot charge a further fee for carrying out a service he is already bound to carry out under a contract. nor can he charge a further fee to another for carrying out the same service he is already bound to carry out. The above is a long established decision under Stilk v Myrick (1809) and Hartley v Ponsonby (1857).
If the agent promised to do something additional for you however which is beyond his initial contract or that he was not already bound to do under his existing contract then if you agree to pay the fee for that service you would be required to pay it. I am not convinced he has agreed to anything he i not already bound to do here from what you say.
Sorry with your permission I will address the points you make in just a moment if you would bear with me?
Agency law is very clear on the fiduciary duties an agent owes to its principal (you). They are the fundamental principles that govern an agent - principal relationship notwithstanding the agency agreement. Essentially they owe you a duty of loyalty, obedience, skill and care, and a duty to account to you as principal
Accordingly if they fail to or conversely act in a manner which is contrary to the above principals this can be a breach of the agents fiduciary duties and may also be a breach of the agency agreement
If you have complaints regarding the agents performance or actions you can consider contacting them in writing raising your complaints and asking them to confirm to you within 7 days for a response. duress is not an appropriate defence to raise because the courts required in most circumstances evidence of a fear of physical harm for such a defence to be raised however it would appear you have potential complaints on the basis of breach of contract and breach of agency law
There is nothing wrong in agreeing to split the fee however such an agreement must not prejudice the agents duties under agency law as above. If such an arrangement makes it impossible for him to act in your best interests as his principal then such an arrangement can amounts to a breach of his producing the duty to you in this respect
if you are not satisfied with the agents response following your above complaint, if the agent is a member of the property ombudsman service you can escalate your complaint to them. they have the power to consider all the circumstances and award compensation to you if they find you deserving of the same. The decision is binding upon the agent but not upon you and if you wish you can elect to go to court if you prefer either as an alternative or following the outcome of your complaint to the ombudsman
receiving a second fee which was not provided for in your original agency agreement is a different matter and we go back to the above case, Stilk v Myrick (1809) and Hartley v Ponsonby (1857) which is a long established principle of contract common law which provides that he cannot charge a further fee to another for carrying out the same service he is already bound to carry out.
I am sorry you have had cause to rate my service to you as bad. Is there something above that I can clarify for you?
If you have no further questions for now I should be very grateful if you would kindly take a moment to rerate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me. I will be unavailable until after circa 10pm tonight now but I would welcome the oportunity to assist you further with any further questions you may have on the above.