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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 2012 we rented our flat to a tenant fro 12 months via an

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In 2012 we rented our flat to a tenant fro 12 months via an introduction from a letting agent (the only service that the agent has provided). We have paid the agent 10% commission (as invoiced) on the first 12 months and on an extension agreed directly with the tenant for a further 12 months. The tenant has also extended directly with us for a further 12 months and the agent is 'demanding' commission for this period too. We have never agreed/signed any kind of contract with the agent that binds us to pay any commission at all - let alone on a second extension. Are we legally liable to pay the agent's commission on this third and/or subsequent extension periods?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did they ever tell you that you would be continually liable?
Customer: replied 2 years ago.
No they have not - I believe they sent a contract for signature (after the agreement with the tenant was signed) but we never agreed/signed it.
Expert:  Ash replied 2 years ago.
Then you dont need to worry. There is no contract, they can't make you liable. It needed to be agreed verbally or in writing that you would always be liable. They have not done this until after any contract was formed and as such they can not now change the terms.
So you dont need to make further payment as you are not liable. Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
thanks - so even though they may have sent terms which stated continuous liability the fact that we didn't sign/return said terms/contract means that we are not liable? - even though we paid them for the initial 12 month term and the first 12 month extension as invoiced?
Expert:  Ash replied 2 years ago.
Correct. It should have been at point of contract, later is too late!
Does that help?
Alex
Customer: replied 2 years ago.
you mean prior to signing the tenancy agreement with the tenant?
Expert:  Ash replied 2 years ago.
Yes.
Alex
Customer: replied 2 years ago.
Thanks Alex - does that mean that if they had sent their Terms/Contract for us to sign before we agreed with the tenant that we would be liable even though we never signed their Terms/Contract?
Expert:  Ash replied 2 years ago.
No. Its too late!
Alex
Customer: replied 2 years ago.
I think you may have misread my last question - I said if they had provided the draft contract BEFORE we reached agreement with the tenant.
Sorry I just want to clarify whether the fact that we never signed their contract absolves us from liability for their fees (even though we already paid their requested fees for 2 years)?
Customer: replied 2 years ago.
Alex did you see my last?
Expert:  Ash replied 2 years ago.
It makes no difference whether it was a draft. Unless you agreed to it, then you are NOT liable.
Does that help?
Alex
Customer: replied 2 years ago.
Even though we accepted/paid their fees for 2 years?
Expert:  Ash replied 2 years ago.
Yes, you are not liable for future fees.
Does that clarify?
Alex
Customer: replied 2 years ago.
Can we not be considered to have 'de facto' agreed their terms?
Expert:  Ash replied 2 years ago.
No. They could argue you have accepted by conduct, but you dont have any terms signed, you didnt explicitly agree and indeed nothing was signed.
Alex
Customer: replied 2 years ago.
ok many thanks - so in you view we are definitely NOT liable?
Expert:  Ash replied 2 years ago.
Yes you are not liable. There are no signed contracts or agreements.
Does that clarify?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks - yes that clarifies and and confirms what we thought.
James