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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3496
Experience:  Solicitors 2 years plus PQE
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Hi, I put my shop on the market over 3years ago, the agent

Customer Question

Hi,

I put my shop on the market over 3years ago, the agent I used I feel hasn't done enough to sell our property only 4 viewing 2 no shows...I have had to call most of the time for feedback on viewing. I should also receive a monthly report which I haven't always received. I decided to withdraw from the agent and put it in writing, to which I received a letter stating I owe them over £6,000 for marketing.....I really cant see or justify this amount of money.....It does state in the contract £179.92 + vat per month from commencement date is payable upon cancellation date for file management and admin fees . I understand it up to me to read the whole contract before signing, the MD of the company went through the contract with me and also failed to point this out....The agent has said if I donr pay in full they will start legal proceedings agaist me. Is there anything I can do?? Please help
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Do you have any emails or anything in writing where you have chased them? Also do you have any examples of how they have marketed the property?

Kind regards

AJ
Customer: replied 3 years ago.

Hi Aj,


 


Thank you for answering and helping on this issue. No I dont have any from or to the company, I dont have the person I'm dealing with email address, just contact number.


 


On the Marketing side of things, the only thing I scan see that they do is on there wbsite. I do have progress reports from them, but even these general its shows the number of hits my property has had (that is a waste of time they could just make a number up or even look at the property themselves) it also states the number of people they have sent froward including no shows and cancellations. I the progress report it only states which websites they work with, nothing about sales calls or mail shots etc


Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

I am going to write a response to this. It may take me a little while so please do not be concerned if you do not hear from me right away. I will endeavour to respond by tomorrow morning at the latest.

In the mean time can you confirm if you have relisted it with another agent?

Kind regards

AJ
Customer: replied 3 years ago.

Hi


 


No I haven't relist with any other agent.


 


Thanks


 


Ruchi

Expert:  Alex J. replied 3 years ago.
Many thanks.

I will post my answer as soon as possible.

Kind regards

AJ
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I will summarise the situation as below.

1. The Law:
- The law states that you are bound by what you sign, and as this is a business to business arrangement you may not have the same consumer protections afforded to a person acting outside a business situation;
- However when some provides a services they are required to provide the service with reasonable care and skill in accordance with S.14 of the Supply of Goods and Services Act 1982;
- Finally there is a general prohibition on what is know as penalty clauses in a contract, this is where someone is penalised just for cancelling the contract or breaching it. To be valid any such clauses have to be a representation of actual losses.

2. Application;
- Clearly you agreed to these terms and conditions however it does not appear that they have actually done enough to justify a £6000 charge, they have not actually advertised the property anywhere nor covered enough bookings to justify £6000;
- Also the fact that they have failed to garner viewings or report back to you would suggest that perhaps they have not carried out the service with reasonable care and skill.

3. Remedy;
- The first point to note is you may have a counter claim because they may be in breach of s.14 and failure to use reasonable care and skill, and for this you could be entitled to contractual damages for your losses;
- Secondly I would suggest you get a local solicitor to write to them as follows (it is better it comes from a solicitor as they will then realise you cant be bullied):
(i)They have not actually done anything to justify this management charge and accordingly on its construction you believe it to be a penalty clause and unenforceable;
(ii) If they continue to chase you for the money you will deem it unlawful harassment under S.40 of the Administration of Justice Act 1970 and will reserve the right to report them to the Police or Trading Standards.

They will probably come back and say they are still owed the money, and it they threaten to issue proceedings I would just try and settle this by offering them £500 to just go away.

I look forward to hearing from you.

Kind regards

AJ

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