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Ask Clare Your Own Question
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34142
Experience:  family solictor with 25 years experience
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We have exchanged contracts on the sale of our home.However

Customer Question

We have exchanged contracts on the sale of our home.However the buyer failed to complete and we did not sell the house.
The buyer had put down a 1 percent deposit instead of 10 percent which would have been expected as he promised that the full monies would become available at completion date.
Despite of a no sale,our estate agent has submitted his full account as the smallprint states ,we are liable for his full fees as contracts were exchanged.Is this right as we were not aware of this small print clause?
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Is there a reason why you do not wish to claim this from the buyer?

Customer: replied 1 year ago.
He may be insolvent
Expert:  Clare replied 1 year ago.

I am afraid that the Estate Agents are entitled to their fee - whether or not you had read the small print.

However it is an expense that you can recover from the buyer

I am sorry as I know this is not good news.

Please ask if you need further details

Customer: replied 1 year ago.
That's a pity as it seems to fall into The Unfair contracts Act as it should surely be the duty of the agent to see if the buyer had adequate funding for the purchase
Expert:  Clare replied 1 year ago.

I am afraid that they are not meant to do anything other than the basic checks - in general terms of course you should have had a 10% deposit from which to pay this