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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I signed a contract with an estate agent to sell a house I

Customer Question

Hi
I signed a contract with an estate agent to sell a house I bought with a friend to renovate and sell , due to personal circumstances this was delayed and my friend asked for his money back , which forced me to put the house up for sale , the contract was binding for 12 weeks and as the estate agent fail to sell and I was not happy with their service as they were difficult to communicate with and made me do the viewing although it was their responsibility , I cancel the contract with them and tried to sell the property by auction , the property did not reach my target in the auction and was not sold , I returned back to the estate agent and asked if they still have interested person in the property and agreed on phone to extend the initial contract by few weeks and made the agency aware that the property will be put in the next auction unless sold prior .
The person they introduced agreed initially to buy the property for the price I asked for them kept on changing his offer , I took the property to the auction and it was sold .
Now the estate agent is asking for a full fees of £4700 .
What is my legal position , could you please advise as I am in financial difficulties.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Just to be clear they introduced the person that ended up buying the property, is that right?

Customer: replied 1 year ago.
Hi
No , and I asked them to provide me with the names of people they introduced so I will not sell to them , this was by a second letter I sent to them after the initial cancellation letter but I did not receive any response
Expert:  Ash replied 1 year ago.

So they are Charging you a fee for someone they did NOT introduce?

Customer: replied 1 year ago.
Expert:  Ash replied 1 year ago.

ok. Then you do not need to Pay. They did not do the work so do not deserve or contractually required to be paid.

There is nothing in writing which says they should be, it was cancelled.

They did not introduce this person. Therefore you have no liability.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
The problem is that they are saying that they have not received my written cancellation and in the contract it says that they need cancellation in writing otherwise the contract will be be for ever , although I sent the written cancellation by normal post after confirming to them by phone that I am Selling the house in auction after the 12 weeks period expired , but it looks that when I return to them after failing to sell the house in auction first round and explained to them that if they fail to sell the house within few weeks before the next auction it will be sold I auction and that this was only short extension of the initial contract , they entered me into a new contract for another 12 months , it is all deception and trying to get money out of me without giving service
Expert:  Ash replied 1 year ago.

I agree. If you have a copy of the letter then that is enough

Does that clarify?

Customer: replied 1 year ago.
They are claiming the fee of £4700 through a debt collector , my own solicitor is struggling with the case it looks and I do not know what to do next
Expert:  Ash replied 1 year ago.

You dont need to do anything, a debt collector has no powers whatsoever.

Does that clarify?

Customer: replied 1 year ago.
Even if they deny receiving the cancellation letter ?
Expert:  Ash replied 1 year ago.

Yes. Unless the contract said it had to be sent recorded, which I assume it didnt

Can I clarify anything?

Customer: replied 1 year ago.
Thank you , you gave me hope in getting out of this trab of deception, I may come back for further advice
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Done
Thank you
Kind regards
Expert:  Ash replied 1 year ago.

Thanks !