Selling property and agency fees
General Discussion

Busy Landlord
Busy Landlord
1 Thanks
85 Posts
3 years ago
0
Hello all

I need some advice. I have just sold a property first time so have no experience with selling and bought another one via the same estate agent. For some reasons, the agency fees were not taken by our solicitors at the point of completion and there was no correspondence since completion (about 2-3 weeks now). The agents have contacted our solicitors today and copied us in their email to say that if their fees are not paid today then interest will start accruing.

It is a long story but the agents made a lot of pressure on us in relation to the purchase and gave us a wrong information about the house and the garden size. We only saw the house in February but not since then because of the lockdown and when the restrictions eased, the sellers refused to provide access although they knew that we had to wait for our buyers. We only had access to the house after exchange and realised that it is much smaller.

We sought some advice from our solicitors who said that it is best to complete and then lodge a claim against the agents as it is a case of clear misrepresentation. We told the agents about our solicitors advice and they offered to sell our new house post completion. We have no desire to litigate but totally unhappy with the purchase. Wrongly or rightly we thought that the agents decided not to take their fees as they knew that there is a case against them.

Not sure if anyone have been in a similar situation and what would be the best way of action:
1) Agree with the agents that they waive their fees (my preference)
2) Pay and litigate (not ideal)
3) Any other options?

Thanks in advance for any thoughts or comments.

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