Estate Agents Looking For Fees

[iop00]

Hi, new to site but have been impressed with topics and help it gives .Was hoping someone out there could help with an opportunist estate agent.Briefly they had house on market for me but didn't seem to be getting any buyers had meeting and was agreed i could be released from contract.Used another agent and house sold .Fees have been paid and all was well until through the post came a letter from 1st agent looking for fees because they are saying they showed the buyer around house originally which i was unaware of.Will go into more detail if anyone can help .... I know things aren't too good for the poor souls but i think this over steps the mark.

[MARTIN3030]

Welcome to the site.
Of course you are in the right place-its not just for bank claims !!
In order to help we will need a little more detail-you dont have to name names.Tell us about what was agreed between you and them-what was signed with first agent.How long between starting with first and engaging second etc and what you did to inform first agents (if anything) Sounds like contractual issues ?

[iop00]

Thanks for response - In a nutshell, the original estate agent are insisting that they are owed the fee for the sale of the house. Less than one month on from signing a sole agency agreement, a call was made to office reporting problems with service.
A meeting was held with a representative of the company whom agreed to release us from the contract, we informed him at the time we would be using another estate agent across the road and he said we were fine to go ahead. They are disputing this and insisting that it was from the time frame not the terms and conditions. We would never have agreed to this as it would have put us in an impossible position - surely this is a very weak argument as no intelligent person would agree to such a condition. We instructed another estate agent whom eventually sold the property fee was paid. It is now nearly two years on from the sale of the property. Have tried to resolve however they are pursuing through the courts.

[Lula]

Do you have anything in writing to say that they released you from the contract? or anything at all in writing to say this?

[Helford]

Hi,

Is either the 'original' or 'new' Estate Agent a member of the national association of Estate Agents? If so, you might wish to refer to Rule 7(4)of their Code of Conduct here:-

http://www.naea.co.uk/pdfs/residenti...sofconduct.pdf

H

[iop00]

They have basically said that yes we were released from the contract but not from its terms and conditions.They are saying we had been released but "not in its entirety".

[Lula]

what a load of old bow larks, that is like saying that you dont have to use our services but you cannot go to anyone else, rubbish and I am sure that a judge would see it the same way, do you have this peice of wisdom in writing?

[iop00]

Hi Lula,amazing is it not.The most annoying thing is the arrogance of these people.Have made an effort to try and resolve this with them but no joy.Had to instruct solicitor which incurred costs to me which i would love to get back off these people but was told this was not possible.With regards to contract does it make any difference if price had to be lowered during time period,does that make original contract void?