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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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Went to sell a house and an offer was put in .We told the estate

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went to sell a house and an offer was put in .We told the estate agent we would except the offer as long as they pay for all the solicitors fees two days before the deal was made the buyers pulled out.We now have a bill from the estate agent asking for the fees. they say we did not have a contract but just a verbale about the fees but we are saying that was up to the estate agent to put the paperwork in place.Should we pay the money or fight this fees
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Any conditions of contract relating to the sale of a house have to be in writing. In Scotland this is called the missives of sale. If the buyer didn't tie up a contract in writing then there is no enforceable contract. Most estate agency contracts say that the commission is only payable when the sale settles. However, if solicitors fees are incurred where there is no concluded contract then the solicitor would tend to charge for the legal work carried out but would not charge for the same work once the property is finally sold. So a verbal agreement is meaningless and in any event it is not for the estate agent to become involved in the contract. The solicitors do the contract but the seller's solicitor can't force the buyer to conclude until the buyer is ready to do so. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.
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