Hello Mandy my name is ***** ***** I will help you.
Do you ever instruct them after to manage this one with tenant?
Did you ever tell the agents they would be on different terms?
Did you ask about the fees before you instructed them?
The agents assumed it was on the same basis as before as you had not said otherwise?
Thanks. Contracts be can be on several ways:
1) Oral - like when you go to the supermarket and purchase goods
3) By conduct - this is where there has been a history of dealings and because of that everyone assumes its on the same basis.
Unless you said otherwise I do not think it would have been unreasonable of the agents to assume this was any different. You had not told them it would not be - therefore I think if it went to Court a Judge would ask, did you notify them they were engaged on different terms - if the answer is no, then I think any claim would be in the agents favour
The difficulty here is that there has been a course of dealings on a certain basis. This new contract was different but you didnt suggest otherwise.
I am sorry if this is not the answer you want and certainly not the one I Want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Indeed. 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 and good luck.