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Estate Agent demanding payment when I sold directly

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    #32
    greendom
    Registered Users Posts: 16,382 ✭✭✭✭greendom


    When you go with 2 or more estate agents they all expect paying when the house is sold; the circumstance is the same here. The house was sold while it was on their books; they are entitled for the full commission (unless your contract with them states otherwise)


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    #33
    ShooterSF
    Registered Users Posts: 8,824 ✭✭✭ShooterSF


    I agree that advertising should generally be paid but some people on this thread seem to neglect the fact that a contract works both ways. If they put your house up on daft etc. with their contact details but no one could reach them or find out about your house that's not living up to their side of the contract.
    They definitely should not get commission unless you were insane enough to sign a contract that agreed to it.

    At the end of the day people have to remember you don't NEED an estate agent to sell your house. If you do accept one you're accepting any cons in a contract along with the pros.


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    #34
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    amcalester wrote: »
    Most contracts will state that advertising costs are to be paid regardless of whether the house is sold. It cuts out time wasters and people signing up with loads of agents.

    The estate agent is entitled to recoup their advertising costs in full but not a cent of commission as they did not make the sale ( or answer the phone) and the seller had decided to do it themselves instead thereby terminating the contract with the estate agent .

    Have you a copy of your premium daft ad which is an important piece of evidence .


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    #35
    Slice
    Closed Accounts Posts: 1,133 ✭✭✭Slice


    The contract is invalid if the terms of the contract are deemed to be unfair to either party. In light of the fact that they failed to follow up on your friend's inquiry you should see whether or not they met their obligations under the terms of the contract and dispute them on that point. Also, you should check to see whether or not the terms of the contract are still valid in light of the letter you sent them stating that you were not happy to accept the terms. Also, does your letter clearly state you want out of the contract or is it only implied and does their response acknowledge this?


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    #36
    emanresu
    Registered Users Posts: 373 ✭✭emanresu


    Slice wrote: »
    The contract is invalid if the terms of the contract are deemed to be unfair to either party. In light of the fact that they failed to follow up on your friend's inquiry you should see whether or not they met their obligations under the terms of the contract and dispute them on that point. Also, you should check to see whether or not the terms of the contract are still valid in light of the letter you sent them stating that you were not happy to accept the terms. Also, does your letter clearly state you want out of the contract or is it only implied and does their response acknowledge this?

    Just for clarification, it was not the original poster who got friends to enquire about the house. See posts number 14 and 16.


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    #37
    amdublin
    Registered Users Posts: 20,653 ✭✭✭✭amdublin


    Slice wrote: »
    The contract is invalid if the terms of the contract are deemed to be unfair to either party.

    It is my belief that only a judge can decide this?? ie. you cannot sign a contract and then a year later when it suits you decide it is unfair and that you are not going to uphold your end.


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