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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently sold my house via an Estate Agent to a

Resolved Question:

I have recently sold my house via an Estate Agent to a purchaser who approached the Agency requesting a viewing of my property.
The Agent did not inform us of this approach and refused to grant a viewing.
This purchaser contacted us directly; we conducted the viewing ourselves and the puchasers being cash buyers offered and gave us the asking price which was much more [£28,000.00]than the price offer by the first viewers a few days previously which we had been recommended to accept by the Agents
Do we have a case to withold some of the Agents fees?
I will value your opinion
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

On what basis did they refuse a viewing please?

Customer: replied 1 year ago.
No reason given -unless they felt that we had reluctantly accepted the lower offer 2 days previously and the house was virtually sold subject to contract
But I thought the Agents would continue to market it and obtain the highest possible price
Expert:  Ash replied 1 year ago.

Yes they should. I agree that they are in breach of the Consumer Rights Act 2015 by failing to act with all reasonable skill and care.

I agree that you are entitled to withhold some of the fees.

Had they done their job properly and allowed all viewings this would not have happened.

After all, sales can fall through even when there has been a formal offer.

So yes you can reduce the fees paid

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Hve we lost contact?
No response yet
Expert:  Ash replied 1 year ago.

No, can you see the above?

Customer: replied 1 year ago.
Do you mean the o ffer of a telephone conversation?
I am concerned re escalation of costs
Expert:  Ash replied 1 year ago.

No, can you see my reply to your answer timed at 1:35pm?

Customer: replied 1 year ago.
I can't see your reply at 1.35 pm -please repeat
Expert:  Ash replied 1 year ago.

Yes they should. I agree that they are in breach of the Consumer Rights Act 2015 by failing to act with all reasonable skill and care.

I agree that you are entitled to withhold some of the fees.

Had they done their job properly and allowed all viewings this would not have happened.

After all, sales can fall through even when there has been a formal offer.

So yes you can reduce the fees paid

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you very much
I will look up the Consumer Rights Act 2015 which may afford me more ammunition
My daughter is a lawyer with Slater and gordon Solicitors -but not in conveyancing alas
We are seeing our solicitor next Monday to discuss the next steps
I have witheld their fees so far.
I may well return to you if possible and accept the offer of a telephone conversation
I am a retired Consultant Paediatrician[76 yrs young] and my wife and I are moving to a retirement village
I can do without this hassle. BTW my telephone number is ***** 623586 in case I need to take up your offer of a conversation
My e-mail is -***@******.***
The Agents fees are £5.500.00!
Once again many thanks for your advice so far
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck.

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