Articles tagged with: Terms of Business

Sole Selling Rights

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

The Sellers had by their account incurred dual fees from the Agent complained of and their previous agent. They had paid the Agent’s commission fee but complained that the Agent was due only 50% of the fee as they had only completed ‘half a job’ of selling the property.

Ready Willing & Able (Case 3)

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

In this case the unsuccessful Seller argued that the Buyer introduced by the Agent was not prepared to unconditionally exchange contracts. The Agent’s response was that the signed agency agreement stated that a buyer was ‘ready, willing and able’ if they were prepared and able to unconditionally exchange contracts, which they considered the Buyer was.

Ready Willing & Able (Case 2)

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint
The potential Seller complained that the Agent had charged them a commission fee that they were not entitled to as the Buyers introduced could not be considered ‘ready, willing and able’, underlined by the fact that the transaction had not completed.

Ready Willing & Able (Case 1)

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

The potential Sellers complained that the Agent had charged them a commission fee that they were not entitled to as the property had not been sold. The Agent responded by providing a short explanation simply stating that they had introduced a ‘ready, willing and able’ buyer and, therefore, were due a fee regardless of whether the property had sold.

Marketing, but no signed contract

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

In this case, the recently bereaved Seller alleged that the Agent had marketed the property without his authorisation, resulting in a multi-agency commission fee claim from another agent whom he had already instructed.

An Unsigned Agency Agreement

Published on Wednesday, 23 May 2012. Posted in Case Studies

Complaint

Upon being presented with the Agent’s invoice after successfully proceeding to exchange of
contracts on the Property, the Sellers raised a number of complaints in which they stated that the original Agency Agreement was incorrect and that, as they had not signed the document, there was no agreement in place which meant that the Agent was not entitled to charge them a fee. The Agent maintained that, as they had introduced a buyer who had gone on to purchase the Property, they were entitled to a commission fee.

Renewal Fees & Terms of Business

Published on Tuesday, 13 March 2012. Posted in Case Studies

Complaint

Following the property being let for a year, Miss H (the Landlord) was surprised to receive a demand for a further annual renewal fee when her tenants stayed on as periodic tenants. The Agent ignored her subsequent query and, seven months later, with no further contact, issued a final demand. Following further correspondence being issued to the Agent, Miss H raised a formal complaint.


 

Renewal Fees & Terms of Business

Published on Tuesday, 13 March 2012. Posted in Case Studies

Complaint

After a 10 year relationship with the Agent, Mr and Ms G (the Landlords) decided to move the management of their two properties to another agent. Mr and Ms G provided the Agent with two months’ written notice of their intention, to which the Agent responded by advising them that they would be liable to pay ongoing renewal fees of 10% of the annual rent on the anniversary of each tenancy whilst the same tenants remained in the properties. The Agent also withheld one month’s rent from Mr and Ms G in lieu the unpaid fees.