seller pulling out of sale?

dougal13

I am a seller and recently sale agreed on my property. we were in process off buying other home but it being suddenly taken of the market as owner decided not to sell..... I'm left in no choice but to withdraw our property as no where to go. it is unfortunate on everyone but no contracts has be signed or the deeds havent being released from the bank. the auctioneers still says I owe him nearly 4000e but I haven't signed anything with contracts ect. just sale agreed. is he trying to bully me to get money. I told him I wouldnt pay him a penny only the advertising fee of 200e + vat. where do I stand. thanks

Samuel T. Cogley

You'll have to consult your contract and potentially a solicitor (who you will also probably owe money to). Contracts don't have to be written.

Victor

dougal13 wrote: »

the auctioneers still says I owe him nearly 4000e

Did you sign anything with the estate agent? Did you fill in a form? Did you hire an estate agent to get them to sell your property? Did they present you with a willing buyer? Did they fulfill their part of the bargain only for you to back out?

wench

His job was to find you a suitable buyer at a price you were happy with.
He did that, why shouldn't he be paid just because you pulled out?

begbysback

wench wrote: »

His job was to find you a suitable buyer at a price you were happy with.
He did that, why shouldn't he be paid just because you pulled out?

I would understand a couple hundred euro for their troubles, but 4K for advertising on myhome and facilitating a few viewings?? Chancers

Ask them for a breakdown op and post it up here, could do with a laugh

Claw Hammer

begbysback wrote: »

I would understand a couple hundred euro for their troubles, but 4K for advertising on myhome and facilitating a few viewings?? Chancers

Ask them for a breakdown op and post it up here, could do with a laugh

The advertising is outlay. They presumably had to show the property and negotiate with potential purchasers. They have done their job and the only way the o/p can avoid paying them is if their paperwork is not in order per the PSRA requirements.

dougal13

Claw Hammer wrote: »

The advertising is outlay. They presumably had to show the property and negotiate with potential purchasers. They have done their job and the only way the o/p can avoid paying them is if their paperwork is not in order per the PSRA requirements.

the person who signed a contract from the auctioneer where the property was being advertised at the very beginning and on the form it says no "money can only be payed to auctioneer when contracts have being signed by both parties. no contracts signed". person who signed isn't on the mortgage and didn't sign a consent form. is the contract legal. me the owner of the mortgage hasn't signed anything.

Col_30

Refer to the Public Services Agreement that Estate Agent would have sent you once you employed them.

I sold recently and my PSA specifically stated that the agreed fee was payable upon receipt of an unconditional signed contract to the client's solicitor from a prospective purchaser.

You paid upfront for marketing and advertising. As far as I'm aware, you are free to pull out of any sale until you have signed contracts.

I think they are chancing their arm looking for the full fee.

dougal13

Col_30 wrote: »

Refer to the Public Services Agreement that Estate Agent would have sent you once you employed them.

I sold recently and my PSA specifically stated that the agreed fee was payable upon receipt of an unconditional signed contract to the client's solicitor from a prospective purchaser.

You paid upfront for marketing and advertising. As far as I'm aware, you are free to pull out of any sale until you have signed contracts.

I think they are chancing their arm looking for the full fee.

thanks that's what I have being told by other auctioneer. I have no prob paying the 200 + vat on marketing advertising fees ect as only right, but havent signed any forms for contact deeds ect

jetfiremuck

What is urgently needed is a standard uniform sale and purchase form to be used in all residential sales. I had the same issue as op, What needs to be fixed is that when a deposit is put on a house at price agreed upon, it should be treated as legal binding, and not where at present buyer and seller have to wait until contracts are signed at closing. No legal obligation or financial one for either seller or buyer to complete sale before contracts are signed. In the USA for example once a deposit is paid you are in a legal contract subject to conditions.

Paddytheman

House we're renting was up for sale and went sale agreed but thankfully the owner withdrew from the sale when they became aware of tax duties that would be due on the sale. They paid the EA as that part of their contract had been met.

This would make sense to me as EA had spent months conducting viewings, whether it's 1 month and 8 viewings or 12 months and 52 they had "sold" the property as requested...

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This post has been deleted.

dougal13

....... wrote: »

Why are you pulling out of the sale? Why dont you find somewhere else to buy and continue with the sale?

we have had 2 sale agreed property in last 2 months. 1 cant proceed after engineer report and other 1 took there of the market and not selling. can find anywhere at mo and no where to rent as have young family and not suitable. so can't sell and go out on the street.....

Claw Hammer

dougal13 wrote: »

the person who signed a contract from the auctioneer where the property was being advertised at the very beginning and on the form it says no "money can only be payed to auctioneer when contracts have being signed by both parties. no contracts signed". person who signed isn't on the mortgage and didn't sign a consent form. is the contract legal. me the owner of the mortgage hasn't signed anything.

The owner of the mortgage is the bank. You obviously haven't got a clue what you are talking about. The issue is the contract between you and the auctioneer. Nothing to do with what the putative purchaser signed.

Samuel T. Cogley

You should already have a solicitor engaged, why don't you ask them?

No sensible answer can be given to you without seeing the contract and asking questions surrounding what was said by both parties. The contract may very well be unenforceable or even non-existent. Even IF you provided all that information and even IF all the people commenting were legal professionals, you'd still have a difference of opinion.

trobbin

Op you sound like a nightmare to deal with. I'm no fan of EA's but the job they've been employed to do (by you) has been done. It's you breaking the agreement. I can't read your contract but if it's with one of the bigger EA companies they legislate for this.

If you don't pay, you can add legal costs to the 4k.

I hate people on the rip off.

Good luck!

the_syco

dougal13 wrote: »

I told him I wouldnt pay him a penny only the advertising fee of 200e + vat. where do I stand. thanks

dougal13 wrote: »

person who signed isn't on the mortgage and didn't sign a consent form

Person who signed is the person liable. Maybe check with your solicitor before you throw said person under the bus.

dougal13 wrote: »

can find anywhere at mo and no where to rent as have young family and not suitable. so can't sell and go out on the street.....

So you're not going to sell until you get a house yourself? And even then, you'll screw around the buyers if you experience bad luck? Very soon you'll be marked as tainted goods, and no-one will bother with you. Perhaps consider threading carefully.

Samuel T. Cogley

It perfectly reasonable to pull out of the sale if something further down the chain has gone pete tong, it happens all the time.

It's not reasonable to stiff the EA/solicitor/other professionals involved in selling the house.