They sent a letter with the terms set out and asked me to sign and return it.
The terms set out the fees clearly
I telephoned them and said that I would't sign or return it until we had agreed the fee.
I did say that I wanted them to be the agent but I stated from the outset that I wanted to negotiate the fee.
I didn't put anything in writing until after the sale completed.
I will send you the letter that I wrote them.
Will you email me or shall I stay logged onto this site?
I've just checked
I've got my follow up letter but not the one immediately before that although it notes my reasons for wanting to pay less.
Their invoice at the moment has been reduced to £2750 plus VAT (£3,300). I have offered them £1000 which is the value of the cheque in their possession .
Most recent letter:
Thank you for your letter dated 07/05/14. It strikes me that my reply must have been lost in the post so I am re-sending a copy.
Firstly, I would like to thank you for your goodwill gesture to reduce your original invoice, and thank you also for the copies of the previous letters, which you have noted, were never signed or returned as we had never agreed your fee. In those letters, you state that acceptance of an appointment indicates acceptance of your terms of business. As our agreement was uncertain, I would dispute this point. I feel that as we had not agreed the fee at that time, the original offer was replaced by my counter offer(s).
That being said, your company did provide the introduction of my eventual purchasers and for that I am happy to pay a fee.
I maintain that I am still looking to agree a fair and reasonable price for your work done. Our negotiations started in November 2013 and the detail outlined in my previous letter and below summarises my feelings about the work carried out from that time until completion on 27th March 2014.
I am happy to pay a reasonable fee for the work done, but I consider the revised invoice amount of £3,000.00 still to be unreasonable for the work done.
My reasons for this are as follows:
I understand that these points are covered under Part 2 of Supply of Goods and Services Act 1982, specifically sections 13 (which requires the supplier to use reasonable care and skill) and 15 (which requires a reasonable charge for the work done)
For the above reasons, I believe that a fair and reasonable fee for the work done by your company to be £800. As you kindly, reduced your invoice as a gesture of goodwill, I am prepared to increase my offer to you to £1000 to conclude this matter. To that extent, I enclose a cheque for the full amount as my final offer for full and final settlement.
Please not that I have cancelled the cheque that was sent on 21/05/14 in the interests of security as it appears to have been lost in the postal system. If it ever arrives, please feel free to destroy it.
I await your response by return of mail at your earliest convenience.
Pink Footed Goose
Many thanks for such a detailed and thorough response. I really appreciate it. I have been threatened with court action so I think I will choose to continue negotiating.
Hopefully we will meet somewhere in the middle and save both of us time, hassle and money in the process.
I'm really happy with the service that you provided and will have no hesitation to recommend this service to anyone that I know who needs it.
I will leave you 5 start feedback now.
I'm in the middle of negotiating a new premises, if the offer is accepted, would you be able to act for me or are you tied to just answer?