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Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Question - we asked an estate agent ( Alan) to arrange a

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Question - we asked an estate agent (Peter Alan) to arrange a valuation for a realistic sale which would not involve us updating the property, quick sale in November 2015 after visiting our building society and coming to the conclusion we would be in financial problems in the coming months. We did not go into detail with estate agent but said of our pressing need. We were lucky to have one a month initially this did increase to about one a week later. NO OFFERS WERE MADE we had a further visit from estate agent and agreed to reduce price by £5000 again stressing was this a realistic value for the sale of the house. In June 2016 my wife after short period of illness was diagnosed with extended lung cancer her only treatment option being chemotherapy, my wife struggled on but as time went it was obvious she struggled with some daily activities. The estate agents were made aware of this and possible cancellation of visits. In July 2016 I concluded we could not continue with this and telephoned estate agents to inform them. I failed to put this in writing as small print required. Should we now sell the house they want their fee even if have to pay someone else.
I feel they have let us down and voided their own contract:-
They failed in first valuation even though told a quick sale was required
They failed in second valuation circumstances were same
They failed in their advice to us about not doing a show house job
I failed in not reading small print

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

Have they asked for a fee yet please?

Customer: replied 1 year ago.
We received email spelling this out if we do they would require £2100 plus VAT

Ok - under the Consumer Rights Act 2015 it states:

62Requirement for contract terms and notices to be fair

(1)An unfair term of a consumer contract is not binding on the consumer.

(2)An unfair consumer notice is not binding on the consumer.

(3)This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.

(4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.

(5)Whether a term is fair is to be determined—

(a)taking into account the nature of the subject matter of the contract, and

(b)by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends.

(6)A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer.

Therefore you can argue that under Section 62 of the Act the term is unfair and not binding. They have not provided any proper service and you should not have to pay.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Our house has not been online with agency since July phone conversation

Indeed. They are also in breach of the 2015 by failing to act with all reasonable skill and care.

In my view you do not owe ANY fee

Does that clarify?

Customer: replied 1 year ago.
Thank you

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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