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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6518
Experience:  BA (Hons), PgDip, Practising Solicitor
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I completed on a commercial lease in August last year. I undertook

Resolved Question:

I completed on a commercial lease in August last year. I undertook to pay vendors costs and these were paid on completion. Both vendor and landlord's solicitors asked for their costs and these were paid.
Now the vendor is asking for me to pay her estate agents bill.

This money was not asked for by her solicitor and mine didn't raise it at the time.

If her solicitor was happy to complete the purchase six months ago, surely it's too late to come back and say I have to pay something else?

Is it normal practice for the buyer of the lease to pay this bill?

Thanks for your advice
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

What fee is the estate agent charging? For what service?

You refer both vendor and landlord, were you assigned an existing lease?

Tom
Customer: replied 1 year ago.
The agent is charging £960 - seems outrageous to me when they did hardly anything.

It was an existing lease that I took over.
Expert:  Thomas replied 1 year ago.
Hi,

What was the wording of the undertaking you gave specifically?

Did you or your solicitor give it?

Was it in writing?

I will be able to answer after 9, on way to work..

Tom
Expert:  Thomas replied 1 year ago.
Hi,

What was the wording of the undertaking you gave specifically?

Did you or your solicitor give it?

Was it in writing?


Tom
Customer: replied 1 year ago.
Memorandum of sale says 'incoming tenant to pay vendors costs'

I have a letter from solicitor asking if I'd agreed to be responsible for legal costs of £500 plus vat and sellers costs of £400 plus vat

Sellers solicior wrote and asked for an undertaking 'to pay our legal costs which we anticipate to be £400 plus vat'

No mention anywhere of estate agents fees.

Having bought and sold many houses it was my understanding that the seller paid the estate agents fee
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You need to speak with your solicitor about this. Usually the agent’s memorandum of sale is “subject to contract” and then everything is agreed between solicitors in the contract or in written correspondence between solicitors.

If your solicitor has undertaken on your behalf to be responsible for “..our legal costs which we anticipate to be £400 plus vat” then I would say that this appears to be quite clear and that you are responsible only for the vendor’s solicitor’s fees.

Usually the vendor is responsible for the agent’s fees, however everything is a matter for negotiation depending on bargaining positions and the particular circumstances of the case.

If they wished to make you responsible for their agent’s fees in addition to their solicitor’s fees then they should have made this clear when they requested the undertaking from your solicitor. On this basis I would be minded to defend any action to recover the monies from you.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6518
Experience: BA (Hons), PgDip, Practising Solicitor
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