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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 17681
Experience:  Solicitor
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I hope you can help with an ongoing contract dispute with a

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Hi,
I hope you can help with an ongoing contract dispute with a dilaps agent. I received some initial advice previously via Just answer who suggested I contact RICS. I did this and found out last week that despite all website pages advising they were qualified members, that actually they were not!! I feel very mislead on top of other issues I have with this dilaps agent.
The initial problem is that despite months having gone by nothing was happening following an agreed first report being submitted to the landlord/agent. As I found this rather frustrating and disliked the manner of this agent I decided to politely dis-instruct due to lack of service and progress. This is when the dilaps agent became even more difficult and accused me many times in writing without any reason as a fee avoider. He said there is no option to dis-instruct and that after 3 months his fees based on his proposed findings/savings would be payable. I then asked for copy of paper trail so that I could ascertain how likely the landlord would accept the dilaps report and offer to settle. The dilaps agent refused on many occasions and kept advising his fees would be chargeable no matter what and he would pursue. A very agressive approach has continued over a number of weeks. He did soften a little when I mentioned going to RICS and he offered a lower settlement. I refused on the basis that as far as I'm concerned I am no further forward with settling with the landlord than I was at the start, therefore no savings have been made or proven. There is also a matter of diminution. I was advised through another source that this could be applicable but when I mentioned this to the dilaps agent at the start of the contract, he dismissed it entirely without explanation. Later, when in receipt of the only copied in communication between this dilap agent and landlord agent, he expressed that I may have grounds for diminution. I do not wish to continue with this agent. I do not believe his contract clause is fair regarding payment due after 3 months have passed, especially as it relates to fees calculated on savings made. I also feel I have a case for misleading information regarding RICS status. Your help would be appreciated.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to know about this today please?

Customer: replied 10 days ago.
I would like to know if I have any chance of being successful in disputing the dilapidation claim for charges. Considering the details presented in my summary

I think you have a good case.

Its breach of contract - especially if he was not RICS certified.

Its breach of contract by false representation.
So you dont have to pay

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

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