selling house but not through estate agent....

[thecheekymonkey]

long story short, i signed with springbok estate agents to sell my house, and they are a waste of time, no viewings, despite it being very competitivley priced. i now have a private buyer but the estate agent has stated i must sell the house through them or pay the sell fee of 3.5k. ive told them i want to remove it from the market, they said no and the property will be put on a watch list . my concern is if i exchange with my brother will my solicitor or his take the money potentially owed to springbok? i know its a cival matter and im off to oz so not bothered that way just dont want the money to be taken by springbok. thanks

[wales01man]

Re: selling house but not through estate agent....

Whats in the Contract you signed Your soliciyor may well pay their commission on completion.

[gonewiththewind]

Re: selling house but not through estate agent....

Utter nonsense. Do not let the estate agent bully you. They are only entitled to their commission if they introduce a buyer with whom you subsequently exchange contracts.
Did you sign a contract with them? Does it mention 'sole agency' or 'sole selling rights'? Is there a minimum notice period? Cancel your agreement in writing with them just to be sure.
I have a lot of experience in this field and have heard of estate agents trying this con many many times.
If you have found a buyer yourself, you do not have to pay commission.
How can they possibly say that you cannot take it off the market with them? It's your house you can do as you wish.

[wales01man]

Re: selling house but not through estate agent....

The contract that was signed will tell all problem is if solicitor pays agent.

[Crazy council]

Re: selling house but not through estate agent....

Hi

You probebly wont just be able to sell without paying the agent, but,you can negoteate with them. Firstly, send them a letter or email, saying your dissatisfied with there level of service ( fill it out with details ). Then, say that the payment of XX% does not fit with teh work they did.

Make them an offer of ( %% maby 500 ) for there registering the property on there records.

Tell them, that if this is not acsepted, you intend to challange theree fees formaly, and any costs incured will be charged to them.

Maker it clear, that they never sent anyone around, and that you, without there help or assistance, found the buyer.

[gonewiththewind]

Re: selling house but not through estate agent....

You absolutely DO NOT have to pay the agent if they did not introduce the buyer.

The case law you need is :

http://www.bailii.org/cgi-bin/markup.../2008/419.html

[Crazy council]

Re: selling house but not through estate agent....

#gonewiththewind

After a browse, am presuming that person refaird to in the case law, had paid one side there fees, and was just disputing the old agents...

Thats totaly different to someone not trying to pay any fees. ( i did only have a fast look and not a proper read

[wales01man]

Re: selling house but not through estate agent....

CC probably correct if a seller sells themselves while under contract for sole agents they must be liable for the fees otherwise all sole agent contracts would not carry the clause.

[gonewiththewind]

Re: selling house but not through estate agent....

That is exactly what the agents would have you believe, but is absolutely not true.

I was consulted during the OFT investigation into estate agents a couple of years ago, and this issue was specifically addressed. If the agent does not introduce the buyer, then no fees are payable under a sole agency contract. The ONLY exception is if the contract clearly states 'sole selling rights'.

The information is readily available on the OFT website.

[wales01man]

Re: selling house but not through estate agent....

Think the contract being on here will help with advice for the OP Without it any advice could be right or wrong.