My Estate Agent went bust and a new company has taken over

[dennism]

I decided to put my house up for sale and the Company went into liquidation. I have since wthdrawn the house from the market and the new company has taken over the liquidated company. Two of the 3 directors remain but the Company name is different. I am being asked to pay for brochures and the HIP.

The question is am I legally bound to pay the new Companies invoice. Morally, I feel that I should pay something but what is the legal position. I look forward to hearing from you.

[buildersmate]

Did you confirm in writing that you were withdrawing the house from the market prior to the date the old company went bust? If you did, does your existing contract require you to pay for marketing costs and the HIP in the event of you withdrawing prior to the expiry of the minimum period of marketing?
If the answer to the answers is yes, and yes, then you probably owe someone some money - but it may not be the 'new company'. The debt is owed to the receivers of the old company, and you need to check what happened to the old company or you may find yourself being chased by the receivers of the old company - even if you pay the new company. Just because 2 of 3 directors are the same doesn't mean the debt has transferred to newco.

[squarebear]

I thought that HIP was no longer required.

[buildersmate]

I think that's right about HIPs, oh traditionalist member of the Ursidae genus, but I suspect the OP set up his contract a while ago (when they were required) and has since cancelled it.

[squarebear]

That would make sense, oh familiar compatriot of the constructor.

[buildersmate]

Touche. (how the heck do the French do that acute accent thingy on their keyboards?)

[squarebear]

hold Alt Gr (next to the space bar) and press e

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(sorry for hijacking your thread Dennis)

[buildersmate]

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Well blow me down, so it does.

[Davethedog]

No you owe the old company - If it went bust then any monies owed are payable to the liquidator. For payment to creditors.

Not only do you not owe them I think the demand is illegal.

Get some advice from trading standards or the C.A.B

[LoftyLottie]

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I have learned something thanks.

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(apologies dennism)