Ask an Property Solicitor. Get an Answer ASAP.
Hello Lorraine my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Did the first agent ever agree to waive the fee at all please? Was this in writing?
No, I received a letter from them a few weeks after I put with second agent with a list of people that had viewed. I did tell the 2nd agent that this lady was on that list
And I assume the agreement with agent 1 states you are liable for the fee if anyone they have introduced goes through with the purchase, regardless of whether THEY carry it through?
Unfortunately it does, my 2nd agent reassured me that I would not have this problem and I am feeling so let down by her
Did the 2nd agent but that in writing?
No unfortunately she didnt, it was all verbal and she wont even speak to me about it now
Its bad news then I am afraid, you are liable for the 1st agent fee because you have a legally binding contract.
However you may have a claim against the 2nd agent, if they told you that you would need not worry about the fee
Ideally you would need some record of this conversation or witness.
I reduced the house because her fees were less and now it looks that I am going to have to pay higher fees and less equity
If you have some evidence you may be able to issue proceedings against the 2nd agent for the 1st agent fees.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
If she is denying conversations how do I stand. I believe she said to the purchaser of my house that if she went through the first agent then she would have to buy the house at the orginal price
Ok - it may be tricky in that case.
You are liable for the fee, there is no doubt about that
But as I said you may have a claim against the second agent.
When you say set out my losses, that would be the fee I am to pay to the first?