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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have recently sold a property. We sought the help of

Resolved Question:

Hi
I have recently sold a property. We sought the help of three estate agents and finalised the sale with one. One of the agents are claiming that we entered into an agreement with them giving them sole selling rights to the property. They have sent us a copy of documents that we haven't signed or seen before. They claim that having agreed to their selling price and commission by email we entered into an agreement. The agent signed this on behalf of us. They are now asking for monies for the commission of sale. The sale that was made with another estate agent? Wondering where we stand legally with this.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Did you have a sole or joint agency please? What do the terms of their contract say?
Customer: replied 1 year ago.
As stated in my question the Estate agent is claiming we agreed to sole selling rights to them. We didn't receive this agreement from them. They are now claiming money from us because they realise after contacting land registry that the house has been sold through someone else. We cancelled the sale through them with their office a month before the sale went through with the other agent. Two weeks ago we receive a letter from a litigation executive stating we now owe them the commission of this sale.
Hope this answers your question?
Expert:  Ash replied 1 year ago.
Did you sign anything whatsoever?
Customer: replied 1 year ago.
No. They are claiming that we do not need to sign as we agreed to their terms via email and this allows the agent to sign on our behalf and proceed.
Expert:  Ash replied 1 year ago.
Is that indeed in their terms?
Customer: replied 1 year ago.
All the agent says in his email that we agreed to was. How much they would be selling it for and how much commission they would take. he also says that he would send us the agreement. this agreement was never received until now with the letter from the litigation company. .
Expert:  Ash replied 1 year ago.
Ok - well you can argue it on the basis that a contract was never received or indeed signed and therefore you can't be bound.
If they are insisting you are, notwithstanding in law you should be notified of any terms and conditions in order to be bound you can seek protection under Regulation 5 of The Unfair Terms in Consumer Contracts Regulations 1999 which states:
5.—(1) A contractual term which has not been individually negotiated shall be regarded as
unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’
rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has
been drafted in advance and the consumer has therefore not been able to influence the substance
of the term.
So you have 2 bites of the cherry, first is that you never signed a contract and terms were never disclosed and in the alternative even if you were then the terms are automatically unfair.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Having now looked at the agreement myself now, it states this agreement sets out the terms and conditions under which the agent will act for you in the sale of the property. Please read the whole of this agreement, which should be signed by both you(or person with authority to act on your behalf) as seller of the property and by one of our representatives. Surely that says it all?
So can I go back to the company and state the facts as explained by you and hope that with this they will not continue with legal action and court?
Expert:  Ash replied 1 year ago.
Yes indeed. I would agree.
I would go back and state the above. Even if it did go to Court if any commission was £10,000 or less it would be a small claim.
Does that help?
Alex
Customer: replied 1 year ago.
Yes it does. Thank you so much for your help. Will a copy of this conversation be sent to me via Email? or should I copy the details down manually now myself now.
Expert:  Ash replied 1 year ago.
You can just print it off yourself. Sadly its not sent by email.
Alex
If this answers your question could I invite you rate my answer before you leave today.
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Customer: replied 1 year ago.
Thanks again.
Customer: replied 1 year ago.
That is a one off payment I have made and no other payment will now be taken is that right?
Expert:  Ash replied 1 year ago.
One off yes.
Alex
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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