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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Estate agent A found me a buyer in October, the offer was accepted

Resolved Question:

Estate agent A found me a buyer in October, the offer was accepted but then their buyer pulled out. I put my house back on the market in November with a different agent (agent B). The original buyer found another buyer and came back with an acceptable offer. As agent A found the buyer they should be paid the commission, but agent B said so should they as I have sole agency agreement. But the buyer was found prior to agent B being engaged I don't think they should be paid. This must happen hundreds of times.
As a foot note agent B didn't comply with any of the promises made unless I made a big fuss ie no board outside the house, extremely poor photographs, bullied into drastically reducing the price, poor sales information, poor manning of the 24/7 phones.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did estate agent B actually do anything to assist the introduction of the buyer, I assume not?

Customer:

nothing,

Customer:

agent B didn't do anything, I did inform them asap of what was happening.

Customer:

hi Alex I have answered your question ie agent B didnot do anything towards getting the buyer, but my screen says that you're waiting customer action - what have I failed to do?

Alex Watts :

I think that is system generated, I was just having a think

Alex Watts :

Based on what you have said agent B can only claim any fee if they have done work

Alex Watts :

Clearly in this case they have done nothing at all

Alex Watts :

The law says they can only claim a reasonable fee for reasonable work done

Alex Watts :

They have done nothing so are not entitled to a fee

Alex Watts :

They had nothing to do with the sale.

Alex Watts :

I would just refuse to pay. They can then at most take you to a small claims Court.

Alex Watts :

Even then they would need to show that they did work and did introduce the buyer

Alex Watts :

They can;t show any of this

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you that's all I need.

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