Just wondering if anyone had any advice on how to proceed with this matter further.
Ok back story time
I have recently sold a house and had to go through 2 agents to complete the sale. The first agent is where the issue is.
The agent in trying to sell the house jumped the gun on contracts of sale. The agent contacted my solicitor directly and had them draw up contracts for exchange and send them, as there was an offer that was presented, and acceptable. The sale ultimately did not go through, because the offer was never firm nor final by the prospective buyer. This then resulted in leaving the solicitors costs for work performed, which when confronted the agent agreed to pay.
Shortly after this the agent agreement was terminated and in the termination letter sent, and accepted by the agent, mention of the monies owing by the agent was made.
Post termination the agent is no longer returning any phone calls, nor responding to any other forms of communication. Needless to say there has been no money forthcoming from the agent.
While I know that ultimately the responsibility for payment of solicitor would be mine, (which has been paid due to how long this has dragged on) I don’t see how this can be anything but the agents responsibility for incurring this cost, which mentioned above was agreed to.
So any thoughts on the issues at hand
1) How responsible is the agent for the cost?, I can see an argument forthcoming about what offers can be presented to sellers in good faith
2) How legal is a verbal agreement to pay, let alone accepting a termination letter detailing what is owed, and how is it enforceable?
3) What options are open to get agent to respond/pay without incurring costs?
Any thoughts ideas advice would be appreciated.
Ok back story time
I have recently sold a house and had to go through 2 agents to complete the sale. The first agent is where the issue is.
The agent in trying to sell the house jumped the gun on contracts of sale. The agent contacted my solicitor directly and had them draw up contracts for exchange and send them, as there was an offer that was presented, and acceptable. The sale ultimately did not go through, because the offer was never firm nor final by the prospective buyer. This then resulted in leaving the solicitors costs for work performed, which when confronted the agent agreed to pay.
Shortly after this the agent agreement was terminated and in the termination letter sent, and accepted by the agent, mention of the monies owing by the agent was made.
Post termination the agent is no longer returning any phone calls, nor responding to any other forms of communication. Needless to say there has been no money forthcoming from the agent.
While I know that ultimately the responsibility for payment of solicitor would be mine, (which has been paid due to how long this has dragged on) I don’t see how this can be anything but the agents responsibility for incurring this cost, which mentioned above was agreed to.
So any thoughts on the issues at hand
1) How responsible is the agent for the cost?, I can see an argument forthcoming about what offers can be presented to sellers in good faith
2) How legal is a verbal agreement to pay, let alone accepting a termination letter detailing what is owed, and how is it enforceable?
3) What options are open to get agent to respond/pay without incurring costs?
Any thoughts ideas advice would be appreciated.