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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23346
Experience:  Senior Partner at Berkson Wallace
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Assistant: How can I help? I’ve migrated oversea for last 10

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Assistant: Hi. How can I help?
Customer: I’ve migrated oversea for last 10 months
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: only with auction, not the private buyer
Assistant: Where is the property located?
Customer: Sittingbourne kent
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Well need advice on sole seller contract I have signed. I don’t think it can be enforce no I live overseas i have a private buyer
Customer: replied 6 months ago.
I want to know if I can just sell my house in Uk privately and not
Be liable for penalties for auctioneers. Can they enforce a breach of contract as I live overseas now
Customer: replied 6 months ago.
Customer: replied 6 months ago.
They put me on a sole seller contract
Customer: replied 6 months ago.
I have a good offer for 460k, but they want to charge me 19k in fees for selling privately. Too much
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!

I have been asked by Nicola to have a look at this for you.

The agent will send the fee note to the solicitor to ask the solicitor to pay directly.

Tell the solicitor that under no circumstances is the solicitor to pay the agent. They must comply with those instructions from you.

Then you negotiate with the agent.

I agree with you that the GBP19,000 in fees is completely disproportionate to the value of the property.

If you are living abroad, they are going to have to take you to court and it’s going to be inconvenient to say the least.

You can then do is make them an offer to settle of say, GBP3000 or so saying that it’s full and final end of the don’t accept it, they should take you to court. Indeed, you don’t have to give them an address!

Customer: replied 6 months ago.
Ok thanks, ***** ***** I should advise the agent I have migrated with no address in Uk and inform them they will end up spending their money to recover the fees with no way to enforce it. Having settlement would be the best
Customer: replied 6 months ago.
Can the courts enforce anything as I’ve left Uk

They can take you to court in the UK but they have to serve papers which will be at your last known address if they don’t know where your and the buyer of the property is not going to be very pleased about that if the agent sold the property to the is now issuing court proceedings against their client at the new owners address!

Even if they take you to court and get a judgement, they are still going to have to enforce it whenever you have moved to which would mean solicitors in that country.

It’s not going to be cheap or easy and my advice to them, if you offered full and final settlement of say, GBP3000, would be to accept it.

The wording of the letter is important because it needs to say that if they don’t accept it they should return it.

We can only word letters for you as part of premium services proposal and I shall endeavour to submit that for you now. It’s optional extra. Alternatively, you could get your solicitor to send a cheque saying the same thing and if they don’t accept it, they should return it.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23346
Experience: Senior Partner at Berkson Wallace
Stuart J and 2 other Property Law Specialists are ready to help you