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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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In June 2014, I had a 12 week sole agency agreement with an

Customer Question

In June 2014, I had a 12 week sole agency agreement with an agent, they quickly showed one person around the property, but due to my family situation we decided to pull out of buying an identified property and also selling ours, we informed the agent of this. The agreement ended in August 2014. When we had resolved out family issues in early December 2014, we decided to look to buy and sell once again, we quickly found a property, on speaking with a neighbour and telling them of our decision, some days later she asked if we would be interested in selling our property to the family that had previously viewed in early June 2014. Things went on and we eventually sold to them in April 2015, I have now received an invoice from the previous agent, requesting that I pay him the agreed fee of £6,000 including VAT plus interest. Is he right that he can demand this money
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Are they asking the money for the fat you eventually sold the house, even though it was not with their involvement or help?
Customer: replied 1 year ago.
Hi Ben,
They are asking for the money as they have stated they introduced the eventual purchaser, and that I made direct contact with them, which I did not. They are asking for £6,000 plus £900 interest plus VAT, even though this contact took place approximately 14 weeks after the end of our sole agency agreement, which I did not initiate.
Expert:  Ben Jones replied 1 year ago.
have they provided any proof that they introduced the purchaser? Or does such roof actually exist?
Customer: replied 1 year ago.
They introduced the wife of the purchasing family, but the husband never viewed the property, they did make an offer , but due to my family circumstances at the time, I refused and pulled out of selling just days after.
Expert:  Ben Jones replied 1 year ago.
Do you still have the terms of the agreement with the agent so I can see exactly what you were liable for?
Customer: replied 1 year ago.
I have attached all the documents that the agent sent to me, I hope this helps.
Expert:  Ben Jones replied 1 year ago.
Thanks, ***** ***** review these and get back to you
Expert:  Ben Jones replied 1 year ago.
Thanks. Having looked at the terms and conditions the following clauses would apply: You would be liable to pay the agency remuneration if you exchange contracts as a result of the agency introducing a buyer at any time during the agreement you had with them. To be introduced, they need to bring the property for sale to the attention of the buyer. There is an exception where you would not be liable to pay a fee if they had initially introduced the buyer, but they went on to exchange by using a different agent who had introduced them to you more than 6 months after the end of the period you had with the first agent. So have any of these occurred here?
Customer: replied 1 year ago.
1. We did not exchange contract until March 2015
2. They did bring the property to the attention of the buyer in June 2014.
3. We were re-introduce through a neighbour 3 months after the end of our agreement, we exchange contracts 7 months after the end of the agreement.I would presume that in this case, I would be liable to pay them for something they did not do, i.e. market my property. I have a full explanation written and ready to send to them, as I do not see how after the end of a fixed agreement, they can still ask for a fee, this is clearly my error by not checking the small print.
Expert:  Ben Jones replied 1 year ago.
Well they can and it is certainly not uncommon to do so. What you have to remember I that you have entered into a contractual relationship with them so when you agreed to this you would have agreed to the terms that governed this relationship and this was the page you attached on here. This is not exactly a small print as the law would see it – it is one page with the relevant terms, it’s not some small text buried amongst other information. So in this case they introduced the buyer during the agreement you had with them, but nothing came out of it. The exception I mentioned states that even if they had introduced the buyer to you initially, if you went on to exchange without them at least 6 months after the end of your agreement with them you would not be liable for the fee. SO if I have my dates right, you should be able to rely on this exception.
Customer: replied 1 year ago.
Thank you Ben, I have read the T&C's and cannot find a mention of the exception, is this set out anywhere or am I able to quote this in my response. The last thing I want to do is infuriate anyone and cause additional problems, I just do not want to pay a large fee, that I currently am unwilling to pay as I believe that the agreement was ended and I understood the particular family to have already purchased a property.
Expert:  Ben Jones replied 1 year ago.
Hi it is in the terms and conditions document in clause 2 - can you see that?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks again Ben,
Clearly I need to get new specs and read things more thoroughly.
Expert:  Ben Jones replied 1 year ago.
No worries you are most welcome

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