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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I am in dispute with an estate agent following the sale of

Customer Question

I am in dispute with an estate agent following the sale of a property in March 2014. The purchaser of the property did not express any interest until after I had cancelled my contract with them, the purchaser literally knocked on the door, keen to proceed after the initial viewing they rang and made an appointment via the estate agents. The estate agents had no further involvement with the subsequent sale. I have been in correspondence with a company called Connells handling the case on behalf of WH Brown the estate agent because I believe I have not breached contract and owe them nothing because the contract was cancelled before the purchaser had seen the house. Connells Group have sought payment of in excess of £3k now nearly £4k with costs and interest having already tried to negotiate a payment plan and inviting an offer of settlement. I need advise on weather to ignore the unissued civil claim received today which they say they will submit if I don't respond in 14 days, try & negotiate or seek legal representation and if so the approx. cost.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What is in the contract about introductions? Did you cancel in writing?
Customer: replied 1 year ago.

The contract was with an estate agent instructed to market our house for sale, the contract was cancelled in writing long after the period of staying with them had expired and before the purchaser viewed the property. The only issue being the rang the estate agent to arrange a further viewing which is the basis of their argument for payment of their fees

Expert:  Ash replied 1 year ago.
What does the contract say about introductions please?
Customer: replied 1 year ago.

You will be liable to pay the fee to us, in addition to any other expenses or charges agreed if at any time there is unconditional exchange of contracts for the sale of the property (1 ) with a buyer introduced by us during the period of our sole agency or with whom we had negotiations about your property during that period .

Expert:  Ash replied 1 year ago.
This is a difficult one. It depends on what view the Judge takes. Looking at the wording and in particular "if at any time there is unconditional exchange of contracts for the sale of the property with a buyer introduced by us during the period of our sole agency"
On one hand it could be interpreted that it is only valid whilst they have sole agency. On the other hand it does say 'if at any time there is an exchange of contracts'. The court may take a view that its any any time because the buyer was introduced to you. On the other hand the Court may say it has to be during the sole agency itself.
There is merit to argument either way and it really would depend on the interpretation if it went to Court.
I am sorry if the answer is not one way or another but the agreement has been quite poorly drafted.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

If the agreement is poorly drafted would that not lean in my favour? As I work in financial services I cannot afford to have a CCJ registered,if it should go to court would representing myself be straight forward or would you recommend legal representation and if so approx. how much would it cost?

Expert:  Ash replied 1 year ago.
Yes it should lean in your favour. If you pay a CCJ within 28 days it is cancelled and does not show. If you go to Court its a small claim and you dont need legal representation. You can have someone represent you but the cost would be about £500.
Does that help?
Alex
Customer: replied 1 year ago.

Yes thanks

Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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