Estate Agent charging for NOT selling my house!

Hi Angus

The case law which springs immediately to mind is OFT vs Foxtons - see >>> http://www.bailii.org/ew/cases/EWHC/Ch/2009/1681.html - however, this was based on letting.

The legislation and principles are very similar though, see Unfair Terms In Consumer Contract Regulations >>> http://www.legislation.gov.uk/uksi/1999/2083/made

Property118 has a no name and shame policy but you may wish to make your views known at http://www.allagents.co.uk/ which is fast becoming the TripAdvisor equivalent for the estate agency and lettings market.

If the terms were clear then it is uinlikely you will win a case if it goes to Court, albeit not impossible. Your alternative to simply paying up would be to take your chances and let them take you to the Small Claims Court. At worst you will have the Court costs added to your bill if you lose, these are not going to be significant. Your credit rating will not be affected if you pay up within 30 days of any judgement. If you tell them now that you are refusing to pay what they are asking, but that you will offer make them a "without prejudice" payment of £100 as full and final settlement of your dispute, they may just take it it, especially if you explain that the alternative is that you will post your thoughts on various review websites and that your defence, should the matter go to Court, will be based on Unfair Terms in Consumer Contract relations. If you do try this please let me know how you get on.

Good luck.
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Thanks for sharing this story Angus.

Mark has given some good input.

What springs to my mind about this story is how, in an active market, this agent could only produce 2 viewings?!

Did you question why there were no viewings? Did you review the marketing materials and consider whether the property was over-priced?

I think the real failure here is that it appears the agent just stuck it on the market and did nothing more.

The two people that viewed it - what was their feedback? You could learn a lot from that.

If my property was not generating viewings after 3 DAYS on the market, I would want to know why! Most enquiries come in the first three days when the listing is "fresh" on the portals. After that they start to tail off in my experience.

I hope my input raises some thought processes that encourage you to seek answers, rather than just trying to re-market your property at the same price. 🙂

P.S.

Sorry, Angus, I forgot to mention that, if you are motivated to sell your property, you could always sell your property for cash to an investor. No marketing, no viewings, no estate agent fees, no hassle.

One of my clients is currently in buying mode and is a genuine cash buyer. His name is **Moderated - unauthorised promotion - please see sponsors rules >>> http://www.property118.com/business-sponsorship/**. He will make a no obligation cash offer for your property and can complete in 4 days.

Thanks for your input Mark and Vanessa.

As I still feel quite angry about it I am minded to take my chances and let them take me through the small claims court after I have sent them another letter refusing to pay along the lines of Mark's comments above.

It is an unfair clause as there appears to be no exit for a seller if they want to go elsewhere. I understand this type of sneaky clause is quite common in estate agency agreements but is invariably invoked.

They have picked on me but I will call their bluff and at least try and frustrate them.

Thanks again

Reply to the comment left by "Angus Ryan" at "06/06/2014 - 09:29":

Sounds like you're nearly as blood thirsty as me! LOL

I'm happy to help, any time 🙂
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Reply to the comment left by "Mark Alexander" at "06/06/2014 - 10:14":

Sounds deeply unfair to me Angus.

Can't really add more than what has already been pointed out - if you signed a contract then they can probably hold you to it - whether it's worth it for £480.00 is another matter. They might just drop the whole thing if you agree to leave it on the market with them and instruct somebody else alongside them - you could use that as a bargaining chip, and then just sell it through the new agent anyway - but make sure your new guys don't introduce somebody who has already viewed it through the original lot, otherwise you might be liable for two fees depending on the terms of your contract with both.

As Vanessa has correctly pointed out, in this market where stock is at a premium and there are literally buyers everywhere (not even kidding, I'm constantly responding to buyers looking for property, but I've run out of available stock!), if they haven't sold your property it's probably either because they're not converting enquiries into viewings, or you might have it priced a little rich for the location/style/decor.

Try using tools such as Home.co.uk, Mouseprice, Zoopla and recent sold prices on Rightmove to get a feel for what others have recently sold for, that should give you a good set of reliable figures.

Also as a note here for others, please beware of some on-line agents that will charge you an upfront fee to list your home, before even agreeing to come out and see you. If the property fails to sell and you walk away, they will also keep your initial fee! I think that's wrong - if what has been promised isn't delivered, you shouldn't have to pay for it. Period.

Best of luck with the case.

Alasdair Melville
Director
Hawk & Chadwick Ltd.

Reply to the comment left by "Alasdair Melville - Hawk & Chadwick" at "06/06/2014 - 16:53":

Hi Alisdair

Interesting that you mention a few websites to check values. Have you seen our Property Research Tool?

I think you will like it - see >>> http://www.property118.com/property-search-tool/
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