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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24570
Experience:  Senior Partner at Berkson Wallace
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My ex wife an i put our house on the market on 30/11/2019

Customer Question

Hi,
JA: Hi. How can I help?
Customer: My ex wife an i put our house on the market on 30/11/2019 and it was on sale gor a long time,so eventually,we changed estate agents and went with another one called AP Morgan on a no sale no fee agreement,
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: England
JA: What steps have you taken so far?
Customer: I need to finish my question so you can understand better if thats ok
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes,again my property wasnt selling and afer another few months,we asked another estate agent to sell our property alongside AP Morgan and we duly informed AP Morgan of this and everything was ok,our new estate agent actually sold our property for us and gave us the name of the purchaser,we were then told to inform AP Morgan that the property was sold and we gave them the name which our selling estate agent gave us,on the 30/11/2020 the house sale went through and the estate agent who sold it was duly paid,a couple of days ago i received a letter from bw legal representing AP Morgan,that the person who bought the property was one of their clients who had originally viewed the property snd nkw are
Submitted: 9 days ago.
Category: Law
Expert:  Stuart J replied 9 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

And was this true? did your first agent introduce this buyer?

and why did they not buy through first agent?

what are you being asked for now?

Customer: replied 9 days ago.
it is true but we did not know that this was the case at the time,
We did not buy from the first agent as they never ever contacted us with updates,i was always calling them and more importantly,they never sold the property and thr buyer re veiwed our property with the new estate agent and she actually sold it,
We are now being asked to pay £2340.00 as they introduced the buyer and they have checked the land registry now they want payment.
Expert:  Stuart J replied 9 days ago.

Assuming that the buyer was indeed introduced by the original agent and only went through the later agent because the property was now sold through the later agent, then the initial agent is indeed entitled to some money.

It would be extremely unusual however for the agent to simply send a debt collector’s letter or solicitors letter demanding the money before they asked for it from you.

You haven’t mentioned whether they have sent a letter asking for the money first but to go straight to debt collectors is clearly unreasonable.

Let me just tell you now, I have no sympathy with estate agents or their contracts.  I think they are pondlife.

However although you say they never sold the property, they did introduce the buyer.

My view therefore is that it’s not so much a case of do you pay them and are they entitled, it’s more a case of how much it’s worth.

They probably didn’t do very much with regard to viewings et cetera et cetera et cetera but they did introduce the client and therefore, whilst they may not be entitled to the full amount, they are almost certainly entitled to something.

What I wouldn’t do is make them an offer.  I would send them a cheque.  And I wouldn’t send it to the legal firm either I would send it to the agent.

I would probably send them GBP500 in a cheque telling them that it’s in full and final settlement and that by the action of cashing it they accept it as such and if they don’t, they should return it to you and you will defend the action on the basis that they introduced the buyer which did not proceed and that the buyer that proceeded was a result of the later introduction not their introduction.

Having a cheque in the hand for GBP500 rather than a court argument for GBP2000, particularly when they didn’t actually do any work on this, is a particularly powerful incentive to cash the cheque and if they catch it, that’s the end of it.

You need to mark the letter Without Prejudice Save as to Costs and then they cannot produce it in court as any kind of evidence that you owe anything.

If they do not accept it, it’s up to them to take it to court and up to you to defend it.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards