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Hi! have a sole selling contract query... HELP!
Hi,
Have a desperate plea to anyone with any expert advice regarding Sole Selling Agreements.
My in laws were selling a Commercial Property way back in Summer of 2014 and instructed the services of an Agent in London. My mother in law found the particular Agent and arranged for him to visit their commercial property. ON the day of the visit my father in law of 73 years (with limited English to say the least) was at hand to show the agent round and subsequently sign the contract for their instructed services to find a buyer for their shop. He signed the contract without the Agent explaining in any detail the different clauses of this contract, which was in fact a Sole Selling Contract. Unbeknown to both my mother in law and my father in law was the finer implications of a Sole Selling Agreement, as they just assumed it was a Standard Sole Agency Agreement.
After nearly 5 months instructing this Agent, and with no viewings EVER taking place, or any calls from the Agent keeping my in laws in the loop of how things were going, a local shop keeper expressed individual interest in the sale of the commercial property. As the months had progressed my in laws did not think twice about going forward with the sale from the private purchaser, as to them the minimum time to sell the property with the Agent had passed. My mother in law had called the Agents office and left a message as soon as things were progressing with the sale. Weeks later, she received a text from the Agent saying that he had only received so many hits of enquiries for the sale and was advising, after all these months of absolutely no communication to reduce the price of sale. My mother responded and messaged that she had in fact left message weeks before notifying him about finding a buyer.
Since then, the Agent has been demanding his FULL commission fees plus VAT plus threatening court proceedings if he does not receive payment.
My poor mother in law has never been so frightened in her whole life, as she genuinely believes she did not do anything purposely to cause this. She has contacted the Head Office of the Franchise and they have been very unhelpful.
She has been in touch directly with the Agent and explained fully that they never heard from him in months..let alone have any viewings.. and she did not purposely avoid reading the contract in finer detail. Both her and my father in law, both in their 70's simply placed great trust in the Agent and just assumed their contract was a Standard one. If the Agent stressed clearly and concisely what a Sole Selling Agreement is to my mother in law also, knowing that my father in law's English is very limited, my mother in law would have notified him and withdrawn his services earlier when no viewings were coming through the door. They were unhappy with his service but would never dream of complaining as it is not in their nature and I feel this Agent is taking advantage of this and their age.
My in laws are elderly and do not need this stress being placed on them and decided to offer him an offer of £2000 instead of the £3750 plus VAT he was asking for.. he has replied asking for £2,400 and for it to be paid within 7 days or Court proceedings to begin.
I would like to try my very best to fight this beastly Estate Agent and fight for my in laws rights , if they have any at this point..Contacted the Property Ombudsman now I think is a no go as we have to wait for 8 weeks and in that time try every other avenue through the Agents Head Office which has proved to be an obvious no hoper!
Any Advice Lovely People???
Does anyone know
Have a desperate plea to anyone with any expert advice regarding Sole Selling Agreements.
My in laws were selling a Commercial Property way back in Summer of 2014 and instructed the services of an Agent in London. My mother in law found the particular Agent and arranged for him to visit their commercial property. ON the day of the visit my father in law of 73 years (with limited English to say the least) was at hand to show the agent round and subsequently sign the contract for their instructed services to find a buyer for their shop. He signed the contract without the Agent explaining in any detail the different clauses of this contract, which was in fact a Sole Selling Contract. Unbeknown to both my mother in law and my father in law was the finer implications of a Sole Selling Agreement, as they just assumed it was a Standard Sole Agency Agreement.
After nearly 5 months instructing this Agent, and with no viewings EVER taking place, or any calls from the Agent keeping my in laws in the loop of how things were going, a local shop keeper expressed individual interest in the sale of the commercial property. As the months had progressed my in laws did not think twice about going forward with the sale from the private purchaser, as to them the minimum time to sell the property with the Agent had passed. My mother in law had called the Agents office and left a message as soon as things were progressing with the sale. Weeks later, she received a text from the Agent saying that he had only received so many hits of enquiries for the sale and was advising, after all these months of absolutely no communication to reduce the price of sale. My mother responded and messaged that she had in fact left message weeks before notifying him about finding a buyer.
Since then, the Agent has been demanding his FULL commission fees plus VAT plus threatening court proceedings if he does not receive payment.
My poor mother in law has never been so frightened in her whole life, as she genuinely believes she did not do anything purposely to cause this. She has contacted the Head Office of the Franchise and they have been very unhelpful.
She has been in touch directly with the Agent and explained fully that they never heard from him in months..let alone have any viewings.. and she did not purposely avoid reading the contract in finer detail. Both her and my father in law, both in their 70's simply placed great trust in the Agent and just assumed their contract was a Standard one. If the Agent stressed clearly and concisely what a Sole Selling Agreement is to my mother in law also, knowing that my father in law's English is very limited, my mother in law would have notified him and withdrawn his services earlier when no viewings were coming through the door. They were unhappy with his service but would never dream of complaining as it is not in their nature and I feel this Agent is taking advantage of this and their age.
My in laws are elderly and do not need this stress being placed on them and decided to offer him an offer of £2000 instead of the £3750 plus VAT he was asking for.. he has replied asking for £2,400 and for it to be paid within 7 days or Court proceedings to begin.
I would like to try my very best to fight this beastly Estate Agent and fight for my in laws rights , if they have any at this point..Contacted the Property Ombudsman now I think is a no go as we have to wait for 8 weeks and in that time try every other avenue through the Agents Head Office which has proved to be an obvious no hoper!
Any Advice Lovely People???
Does anyone know
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