Dispute over commission from sale of property

[Lambrettaman]

Currently selling my property in Scotland when engaging the estate agent/solicitor(combined firm) I was told by their rep who came to the house and followed up by email that the commission they would take for the sale of my house would be 1.75% .

 

Now I'm in dispute with them as they say the minimum commission they take is £1750 if the of % the sale price would be less than that. Now I've checked the paper work which I have signed and it does say the above.

 

But if I have been told the sale price is 1.75% then surely this is a binding agreement and they should honor it? Plus I feel that the level of service we have been given from them does not warrant full payment.

[Old Cogger]

Currently selling my property in Scotland when engaging the estate agent/solicitor(combined firm) I was told by their rep who came to the house and followed up by email that the commission they would take for the sale of my house would be 1.75% .

 

Now I'm in dispute with them as they say the minimum commission they take is £1750 if the of % the sale price would be less than that. Now I've checked the paper work which I have signed and it does say the above.

 

But if I have been told the sale price is 1.75% then surely this is a binding agreement and they should honor it? Plus I feel that the level of service we have been given from them does not warrant full payment.

 

 

Always a minimum and 1.75% above that.

[ericsbrother]

Awkward as you have no evidence of what you were told, only the written version

[Desperate Daniella]

I think you would have a better argument if you hadn't subsequently signed the agreement which stated that there was a minimum of £1750 or 1.75%.

 

However you have their email, so you may be able to negotiate something by using that. I don't think they would want to get into litigation, so you can try and insist they stick to what they said in the email or split the difference.

 

When you say you are "currently" selling the house does this mean you have exchanged contracts? I know it's different in Scotland. Have they actually introduced a buyer?

[Lambrettaman]

I do have the evidence as on the email from the rep it states sale price will be 1.75%. The property is currently under offer with missives with 3rd party.

[Desperate Daniella]

You can certainly argue as you have the email.

 

Sorry, but what do you mean by under offer "with missives with 3rd party"? (Sorry if I'm being dim!)

[Lambrettaman]

Paper work to complete the sale of the property is with the purchasers solicotor

[Desperate Daniella]

Got it.

 

I think they will argue that you signed their agreement after the email, but I still think you have a pretty strong case.

[steampowered]

If you signed paperwork with details of the minimum fee, I think that will normally supersede what you were told beforehand by email, unless you were actually told whether there was a minimum fee. The courts do expect you to read these things before signing ... although if the minimum fee was not made clear and was buried in small print there may at least be an argument to say it doesn't apply.

 

Check the document you signed for an entire agreement clause. This is a standard clause providing that only the terms in the written contract form part of the contract, and excludes prior statements and representations such as the email.