leeds chimp Posted July 31, 2018 Report Share Posted July 31, 2018 Bit of an interesting one... Agreed to put our house on the market Sept 17 with EA1 ...had one viewing which went no where at the time.... Sent 2 letters of complaint about the service and agreed to part ways in Jan 18 with the contract null and void. Signed up with EA2 who were great... Then the viewers from EA1 came back with an offer which we accepted in March which was done verbally .... Was told would need a new contract as that EA had gone bust and all business had been transferred to EA3 . Asked for all relevant paperwork to be sent then but have received nothing at all... I have had no contact with EA3 despite sending 2 letters asking for paperwork etc to be sent. Where do I stand with the fee? As looking to complete next week but they have nothing in writing from me to say they could market the house and have not even dealt with it Quote Link to comment Share on other sites More sharing options...
bigrob Posted July 31, 2018 Report Share Posted July 31, 2018 Try Purple Bricks - There not just online - There real people!!!!!?. Quote Link to comment Share on other sites More sharing options...
Newbie to this Posted July 31, 2018 Report Share Posted July 31, 2018 (edited) I'd read all of the terms from all of the estate agents, as EA1 found the people that are buying you may have to still pay their commission as well. We are in the process of changing estate agent and was advised by an estate agent friend to get a list of people the first estate agent had view the property for that very reason. Edited July 31, 2018 by Newbie to this Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted July 31, 2018 Author Report Share Posted July 31, 2018 4 minutes ago, Newbie to this said: I'd read all of the terms from all of the estate agents, as EA1 found the people that are buying you may have to still pay their commission as well. We are in the process of changing estate agent and was advised by an estate agent friend to get a list of people the first estate agent had view the property for that very reason. EA1 has been liquidated.... And we have heard nothing from EA3 Quote Link to comment Share on other sites More sharing options...
al4x Posted July 31, 2018 Report Share Posted July 31, 2018 At that point I would keep a record of the approach to ea3 and do no more. You will probably find no one will approach you and you are up by the fee. Quote Link to comment Share on other sites More sharing options...
Newbie to this Posted July 31, 2018 Report Share Posted July 31, 2018 (edited) 1 hour ago, leeds chimp said: EA1 has been liquidated.... And we have heard nothing from EA3 I thought EA2 went bust and EA1 you cancelled with them. Edited July 31, 2018 by Newbie to this Quote Link to comment Share on other sites More sharing options...
spandit Posted July 31, 2018 Report Share Posted July 31, 2018 If you have the buyers details just cut out the estate agent and pay no fees. It sounds like you've tried getting EA3 to get involved but if they haven't responded then save the money Quote Link to comment Share on other sites More sharing options...
walshie Posted July 31, 2018 Report Share Posted July 31, 2018 I might have the wrong end of the stick, but if you cancelled the contract with EA1, then even though the person who viewed your house did so through EA1, then EA3 (their successors) have no right to ask for anything. EA2 haven't supplied a buyer, aren't entitled to anything either. I'd check it out with Citizen's advice before I handed over any money to anyone. Quote Link to comment Share on other sites More sharing options...
Mungler Posted July 31, 2018 Report Share Posted July 31, 2018 9 minutes ago, spandit said: If you have the buyers details just cut out the estate agent and pay no fees. It sounds like you've tried getting EA3 to get involved but if they haven't responded then save the money This, as long as EA1 who made the first intro has no hooks into you and EA2 has gone bust bust ie there’s no one looking to collect or realise or assume that entities assets / business. Get a commercial solicitor from the Solicitors firm that’s doing your conveyancing work to look it over and approve your course of action - if they get it wrong their insured and you have a secuiry blanket. Or just crack on and hold the agents fee in an account ‘just in case’. The problem with that is if you have made a muddle of understanding the legal position and if there are penalty provisions for late / non payment of any EA fees (most contain a kicker that doubles or trebles the fee if it’s not paid within X days of completion) then it will get really expensive. So, be safe and see a proper solicitor. Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted July 31, 2018 Author Report Share Posted July 31, 2018 21 minutes ago, Mungler said: This, as long as EA1 who made the first intro has no hooks into you and EA2 has gone bust bust ie there’s no one looking to collect or realise or assume that entities assets / business. Get a commercial solicitor from the Solicitors firm that’s doing your conveyancing work to look it over and approve your course of action - if they get it wrong their insured and you have a secuiry blanket. Or just crack on and hold the agents fee in an account ‘just in case’. The problem with that is if you have made a muddle of understanding the legal position and if there are penalty provisions for late / non payment of any EA fees (most contain a kicker that doubles or trebles the fee if it’s not paid within X days of completion) then it will get really expensive. So, be safe and see a proper solicitor. EA1 did the introduction but have now gone bust.... And have heard nothing from EA3 who were meant to take it all on.... Asked for copy contracts and details 4-5 times and not heard a thing.... Just my view I have no contract with EA3 as never signed anything with them and no correspondence at all Quote Link to comment Share on other sites More sharing options...
spandit Posted July 31, 2018 Report Share Posted July 31, 2018 Do you have the buyer's details? If so you're quids in Quote Link to comment Share on other sites More sharing options...
Mice! Posted July 31, 2018 Report Share Posted July 31, 2018 what are your solicitor saying? The estate agent does nothing except find the buyer, this third EA may have bought the contracts from EA2 and you could end up with a letter you don't want with a big bill? Quote Link to comment Share on other sites More sharing options...
Digger79 Posted July 31, 2018 Report Share Posted July 31, 2018 Definetely go the solicitor route, just sold my house after swapping estate agents, vendors had used first agents for viewing but used 2nd agent to reviewand make offer. As seller i wouldnt have names of people viewing so was unaware the first agent had introduced these people to my property,until i also had a bill from them, ended up paying 2 fees Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted August 1, 2018 Author Report Share Posted August 1, 2018 19 hours ago, Digger79 said: Definetely go the solicitor route, just sold my house after swapping estate agents, vendors had used first agents for viewing but used 2nd agent to reviewand make offer. As seller i wouldnt have names of people viewing so was unaware the first agent had introduced these people to my property,until i also had a bill from them, ended up paying 2 fees There was a court case on that one and the judge decided that only one set of fees need to be paid... 19 hours ago, Mice! said: what are your solicitor saying? The estate agent does nothing except find the buyer, this third EA may have bought the contracts from EA2 and you could end up with a letter you don't want with a big bill? If they have bought the contracts surely they should have done a formal introduction by letter or something... And don't I have a choice if they deal with it or not? Quote Link to comment Share on other sites More sharing options...
Mice! Posted August 1, 2018 Report Share Posted August 1, 2018 2 hours ago, leeds chimp said: There was a court case on that one and the judge decided that only one set of fees need to be paid... If they have bought the contracts surely they should have done a formal introduction by letter or something... And don't I have a choice if they deal with it or not? No idea mate, thats why i said check with your solicitor. It sounds like you shouldn't be paying EA3 anything to me but I've no idea of the legalities involved Quote Link to comment Share on other sites More sharing options...
treetree Posted August 1, 2018 Report Share Posted August 1, 2018 I'm no expert, but you own nothing to anyone, not even EA3. Your contract with EA2 cannot be handed unilaterally over to EA3, you would have needed to sign up with them to have a contract for them to enforce. This is just my lay-opinion, I am not a lawyer, but my gut feeling is that you are quids in! Oh, and if they suddenly send a letter of contract out for you to sign, when they realise their error, don't sign it (a similar thing happened to a friend) Quote Link to comment Share on other sites More sharing options...
ph5172 Posted August 1, 2018 Report Share Posted August 1, 2018 Listen to mungler!!! Quote Link to comment Share on other sites More sharing options...
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