How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10265
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

We are selling a property through a nationwide estate agent.

Resolved Question:

We are selling a property through a nationwide estate agent. A buyer gave us an offer and this was accepted. Then the next day the agent came back to us saying that the offer was actually £1k less as we signed up to paying the sellers legal fees.

However I read our contract with the estate agent and I never signed up to this and it was a clerical error by the estate agents to offer this

The estate agent have effectively told the buyer that they will have the property for £1k less and they are not moving on the offer. Are we in our right to ask for a goodwill payment from the estate agent for their mistake?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

At the moment there is no contract between you and the proposed purchaser.

From your narrative, there is also no requirement for you to pay the proposed purchaser's legal costs.

The results of that is, therefore, that your agent has offered to the proposed purchaser something which you have not agreed to. The purchaser may not proceed if that incentive is withdrawn by the agent.

Whilst the agent has made a mistake, that does not mean that you have a claim against the agent. The purchaser may or may not be prepared to continue with the purchase if the incentive is withdrawn. If you decides not to proceed, then there is no loss to you as the incentive was the issue that would enable the purchaser to proceed. In other words the purchaser would not have proceeded anyway.

That is the legal position. In reality, and as a matter of practice, you may wish to instruct the agent to either proceed or proceed on the basis that a proportion of the costs will be met by you.

All of this comes down to negotiation, both between you and the agent and between the agent and the proposed purchaser.

You can ask the agent for a goodwill payment but, at the end of the day, if the purchaser would not have proceeded without the incentive, you have suffered no loss.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10265
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice