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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18325
Experience:  I have been practising for 30 years.
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I am being pursued bySinclair. re sale of my house - they

Customer Question

hi i am being pursued bySinclair Taylor. re sale of my house - they are after £3000 from me after i sold it online fb after ending my contract from them due to estate agents lack of leads and poor performance. unfortunately i sold it to a previous viewer unbeknown to me and it states that if sold by their lead so many weeks months after then i owe them. so 18 months later i get a letter and aggressively 3 more threatening court proceedings. i have not got the money, i sold my house because i was in debt due to business folding ddi have any rights?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: no UK
JA: What steps have you taken so far?
Customer: i have contacted them and explained my situation and offered to pay £1 per month they refused and said that if they take me to court i will have to pay interest as well as court fees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not sure - don't think so
Submitted: 12 days ago.
Category: Law
Expert:  F E Smith replied 12 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

when did you sign up with this agent?

when did you then sell?

and what does the contract state about time scales?

Customer: replied 12 days ago.
Thank You
Expert:  F E Smith replied 12 days ago.

The general rule is that if you sell to a buyer who was introduced to the agent then you pay the agent’s fee.

If you don’t feel they did any work, then you can obviously defend any proceedings they bring but why don’t you try sending a cheque for, say 1500 quid saying that this is in full and final settlement and that if they don’t agree, they should return it to you.

It’s a pretty powerful incentive to take 1500 quid rather than have an argument over 3000.

It works 9 times out of 10

make sure that you mark the offer Without Prejudice Save as to Costs and then it cannot be produced in court as any kind of admission that you owe anything.

You may have an absolute defence and the whole matter may go to court anyway and you may win but by the same token they may win.

It doesn’t work the same if you make the offer and it doesn’t work if you simply put money into their bank. It is the action of presenting the cheque to the bank that you mention, when writing your second reply.

Mark the letter Without Prejudice Save as to Costs and then, they cannot produce it in court as any kind of evidence that you will accept less than the full amount being claimed or that you admit that you are entitled to less.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.