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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32991
Experience:  Over 25 years experience in law
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We have a buyer property who made his initial enquiry

Resolved Question:

Hi, we have a buyer for our property who made his initial enquiry via Rightmove/agent. He struggled to get viewing and was deterred when shown the house. We were in the process of changing agent as so dissatisfied with agent after 4 months and 30+ viewings. The agent told our (now) buyer that we were taking our house off market - not that we were moving agent. They failed to schedule a second viewing for the buyer. Between agents the buyer approached us directly with his dissatisfaction of the agent and asked us to consider further discussion. By the time we complete (having only just found our purchase) 6 months will have elapsed. We have managed all Further viewings and administration directly. The agent has rarely contacted either of us. They have lied to us in writing re viewings taken place. Are we liable for a full fee to them? I do not consider they fulfilled their contract with us. They caused more distress that service. Please advise.
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
have they made a claim?
Customer: replied 1 year ago.

When we left them.as an agent they sent a list of 42 name who had allegedly viewed property. Stating a fee would be due for any buyers from this. List had appx 12names we'd never had as viewers. Did include our buyer. But our buyer put in writing to us that he was constantly deterred whilst viewing and struggled to get further viewings. So yes, I guess they are claiming

Expert:  Thomas Judge replied 1 year ago.
These disputes are never easy - the starting point is the terms of the contract which will set out the level of expectations on both parties. There is case law to support the position that they are due their payment if they have ultimately provided you with the buyer of the property. That said it is your case I think that they were in breach of contract as they did not comply with the reasonable expectations - I would I think be minded to try if necessary and negotiate a settlement rather than taking the matter to court. But I think I would wait until they formally make a claim against you with specifics. Happy to discuss. Please rate positive.
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