Estate Agents

[Jilly1949]

We instructed estate agents in the sale of our property but are less than satisfied with the way they have conducted matters. Amongst other things we have been lied to and they have neglected to keep us or our solicitor updated on complications that arose with our purchaser. If the sale goes ahead, which at the moment is not definite, can we claim against the poor standard of service we have received and if so who would we address any complaints to? What would happen if we refused to pay the estate agents bill? Any advice would be appreciated. Thanks

[buildersmate]

I suggest that you start the negotiation right now by writing to the estate agent outlining the areas where you feel the service less than the contract provided for.
You are under contract to pay the sum agreed and you will get short-shrift if you do nothing about this until after the house sale has gone through.
If you refuse to pay, they will sue you for the money - it's that simple. Estate agents are accustomed to people not wanting to pay their bills.

[Eve]

Is it a small local firm or chain? Is there a head office, someone in charge of complaints etc...

I'd suggest a written complaint detailing your grievances and asking for a written response.

Have a word with your solicitor as it is usual for them to hold back the agents fee from the proceeds of sale and pay them direct so make sure that this isn't done automatically.

[Eve]

Might also be an idea to ask your solicitor to check whether the estate agents' conduct could amount to any kind of breach of contract or whether you might have a problem in not paying their bill.

Might also be an idea to check whether the solicitor receives referrals from the estate agent.

[Jilly1949]

Thank you both for your response. I will certainly speak to my solicitor and get her opinion as to whether she feels the estate agent is being negligent. Maybe withholding their fee is not the right way to go about things but certainly I would like those in authority to be aware of their staff's attitude and lack of care to us. It is a small firm so maybe I should do some research and write to the proprietors. Once again thanks for your help