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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11425
Experience:  30 years as a practising solicitor.
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I had my house up with local estate agents, after

Resolved Question:

Hi, I had my house up for sale with local estate agents, after a couple months we had 2 viewings, With no offers. we decided to take it off the market and made other plans. We gave notice to the estate agent and that time suppassed. The last person to view the house tried to get a second viewing through the estate agents who called my wife but my wife declined, Then the person knocked on our door and made 4 or 5 offers over a week time frame. We accepted the full asking price offer. The estate agents where alerted to this somehow and are now asking for £1800, for doing nothing. Now there is a clause in the contract that we signed to say that if we exchange with someone they have introduced after we take off the market within a 6 month period, which it works out at 5 months a week. My question is, do I legally ha e to pay? Can they prove that the person we sold it to is the person they introduced originally.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
If they introduced the person who bought the house within six months per the contract then they are entitled to their fee. They can prove who the purchaser is by their own records and the Land Registry record of the purchaser.
Customer: replied 1 year ago.
Ok, Thank you. I thought that would be the case, However they are sneaky. My wife has done all the work, liaising with solicitors, purchaser and seller. Attached are two images of an email my wife sent to the estate agents asking for their advice and in no way did she reference that clause. Also the lady who bought the house didn't actually make the offer, It was her son in law in person. Does that hold any grounds for appeal? The estate agent also was fully aware we were not interested in selling when the client asked for a second viewing, they called my wife and told her they were interested but my wife declined.as we had already taken it off the market. It was only after they approached us 4/5 times off their own back that we agreed a sale. when the full asking price was agreed. Its a lot of money to hand over for them doing nothing.
Expert:  JGM replied 1 year ago.
Let me see the contract containing the 6 month clause please.
Customer: replied 1 year ago.
I have attached the contract.
Expert:  JGM replied 1 year ago.
Thanks, I've read this and it's in typical form for this type of contract. If the person they introduced as a viewer initially was the person who bought the house (not a relative of that person) then they are entitled to their fee.
Customer: replied 1 year ago.
Ok thank you, it's all still a bit in the grey for me because not once did I speak to the buyer, it was always her daughter and son in law, mainly her son in law. He did all the negotiating and made the offer not the buyer.
Expert:  JGM replied 1 year ago.
If the original view was not the person who bought the house the issue is arguable.
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