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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a 40 acre building plot for sale in Surrey Oct 2013 .

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I had a 40 acre building plot for sale in Surrey Oct 2013 . I decided to speak to agents Savilles and Knight Frank. Their views and valuations did not match my beliefs on Value nor did I agree with their views on fee's. Both valued at around £2.5m. I believed the value would exceed in excess of £4m. (A big difference) I knew an agent as a friend for some time and I discussed my ideas for selling the property on Rightmove also that I did not believe the sale was justifying the agents costs quoted to me by Savilles and KF. His firm was a small practice and primarily and did not sell large sites like my one however he told me that he had recently had a lot of bad press (because of a rape allegation and charges) and that he would like the opportunity to sell put my property on his books via Right move 'FOC' in an effort to raise the profile of his firm. One must realise the quality of the site and the £15k worth of CGI images and their impact in the shop window of a small firm.
Following the agreement (FOC) I received an email saying I had agreed to 1% fee and sole agent for 3 months. I immediately called him to ask why I had received this and he said that one of the office girls had done it by mistake and not to worry about it. Obviously I did not sign anything and thought no more about it.
In any event the 3 months expired. A couple of after the 3 months I received an offer of £2.8m via this agent and some 3 months later I accepted an offer of £4m. During those 6 months I gained further planning permission for 2dwellings as apposed to one; insignificantly changing the item for sale and supporting the value.
The agent is now threatening legal action for fee's relative to an email 8/9 months ago!!
I did not respond to the email whatsoever or agree to it nor did I sign anything whatsoever. Remember the first offer came in outside the 3 months anyway although I shouldn't have to mention this because I never formally instructed him.
Can you shed any light on my position?
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 3 years ago.

I thought that the question would require someone in property-litigation -commercial contract law would be required. I also did not expect a cut and dry answer. I would rather wait for the right person. I will leave it to you.

A general overview based on the information given would be helpful.

We will continue to look for a Professional to assist you.
Thank you for your patience,
Hello my name is ***** ***** I will help you with this.
Is it the new agent claiming this fee? Did you sign any terms?
Customer: replied 3 years ago.

I did not sign any agreement nor have I seen any terms and conditions. I checked the email he sent me and it says "the terms and conditions attached" but there is no attachment. It also says "we are sole agent for 3 months @1% with immediate effect of today" (There was no 7 day cool off period?). I could send forward the email he refers to. The person who eventually bought the property did come via the the agent but did not make an offer until the 3 months expired; that's is if the email is sufficient to confirm lawful instruction? As I said, I did not instruct him on a paid basis ; he merely put my property on Right Move for me as I asked him too. Im not sure what you mean when you say "new agent". There is no new agent. Just the agent referred to.

When he said 1% - did you write back and agree?
Customer: replied 3 years ago.

no. not at all, because it was not agreed. Remember earlier I said he had agreed to put the property on right move for me FOC and the email that was sent; he told me the office had done this by mistake as standard procedure. When I called him to discuss this he told me 'not to worry about it' also, in any event, that it was not a formal contract agreement. Just a standard email that the office normally sent to clients. So I didn't worry about it any further.

In particular I told him not to have any contact with my solicitors regarding any proposaed buyers and that I alone would deal with any interested parties.Therefore; he has not had any dealings on my behalf with my solicitor etc.

Thank you, ***** ***** case there is no fee,
In order to claim a fee there must be a clear agreement between both parties. If not then there is no contract.
If he tries to take you to court you can defend it. He would need to produce evidence of an agreement, he can't do that,
There is no agreement in writing or verbally that he do the work. In any event the court would only award a reasonable fee for reasonable work done.
As no work has been done any fee, if liable would be minimal.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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