Get UK Law Questions Answered by Verified Experts
1) We did sign a contract with the agent which stated that we would pay 1.1% of the sale price.Can I email it to you?
2) I then wrote the email below and the agents response is underneath my email. I've put this information in the optional information. Can I send it as an email it may be easier to read
RE: 6 Earlston GroveFriday, 18 January, 2013 18:17
From: This sender is DomainKeys verified."RAJIVE" <[email protected]
To: "James" <[email protected]
Cc: "Philip" <[email protected]
Good evening James,
To begin, we raised our concerns regarding how unprofessional Sovereign were handling the sales process back in August when my wife spoke to you on the phone on 23rd August and insisted on talking to the buyer directly. This combined with the fact you have not had any involvement with ourselves or the buyer since this time means our complaints should not come as a huge surprise.
For a company which supposedly prides itself on its customer service it seems odd that you are not happy to listen to a customer’s grievances and negotiate a fair fee for the service given.
In light of your unwillingness to end the relationship in a positive way, we see two ways forward.
Firstly we revert to our Solicitors, the Office of Fair Trading and The Property Ombudsman and pursue our complaints in a formal way or, secondly to close the matter and avoid any further time commitment from ourselves following this up and airing our dissatisfaction with your service on the internet, we compromise on our original fee proposal and agree to pay Sovereign 1% plus VAT as confirmed as expected by you in the email you sent at Friday, 18 January, 2013 10:57. The fact that this fee is different to the one on our contract only proves to us your lack of professionalism.
Please let us know which route you would like us to proceed with.
The estate agent wrote back saying that they would accept 1% plus VAT on completion date and ended their email saying there were sorry it had ended like this and wishing us luck in the future, please see below;
6 Earlston GroveSaturday, 19 January, 2013 11:33
From: "James" <[email protected]
To: "RAJIVE" <[email protected]
It is unfortunate how this has ended, however I would like to congratulate both Laila and yourself again on the sale of 6 Earlston Grove and wish you all the best for the future.
3) The contract states;
Fees are payable by the Client If at any time a buyer (Including an existing or previous tenant If applicable)Introduced by Sovereign House Estates ltd. exchanges contracts unconditionally. Such fees become due at exchange ofcontracts and are to be paid out of the completion monies within ten days of legal completion. Any fees paid after ten daysof legal completion will be Increased to the non-discounted rate in paragraph 4.
Is there a way to send you the contract, its two side of A4?
1. The date of Completion was the 25th January 2013
2. The 1% fee was paid on the 25th January 2013
3. I've typed para 4 and 5 because there is reference to the 2% at the end of para 5. Also in para 4 after "Non discounted rate is ..." there is a box with 2 handwritten in it and then it has been crossed out. In para 5 "Discounted rate is..." the 1.1 is handwritten.
4) Non discounted rate is 2% + VAT of the price agreed at exchange of contracts or £ + VAT5) Discounted rate is 1.1 % + VAT of the price agreed at exchange of contracts or£ + VAT.Discount Is conditional upon settlement within ten days of legal completion, after which the fee reverts to our non-discounted rate as stated in paragraph 4.
They sent the original invoice to the solicitor who handled the conveyance for us, I do not know when i'm afraid
After the reduced fee had been agreed via email I asked the solicitor at the time if they expected to receive a further invoice from the estate agent stating the new fee of 1% and i have just spoken to the solicitor and she confirms they did not receive a further invoice from the estate agent requesting the reduced amount. I emailed the solicitor the email below to inform them of the reduced fee;
Sovereign House Estates Ltd
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).