House sale injunction?

We’re selling our house tomorrow to a company, we are with an estate agents but we found the buyer ourselves (gave up with estate agents as they weren’t getting high enough offers for us). The estate agents are now saying they will put an injunction on the sale adn they are owed £2,500 (the full fee) although we sold privately. Can they do this?

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12 Responses to “House sale injunction?”

  1. JZD says:

    The answer (in the UK) is as follows:

    1. Even if they are owed the fee, they can’t prevent sale of the property via an injunction or anything else. They can ask that you retain a sum equal to their fee from the sale pending resolution of the dispute.

    2. Normally the terms and conditions under which you instruct the agent entitle them to the fee if they introduce the buyer either directly or indirectly. However, your terms may be different – you might be well advised to read them.

    3. Had you brought the agency to a conclusion before agreeing the sale? How did the buyer find out the house was for sale at all?

    It is for the agency top prove they are entitled to the fee under their contract. They could sue you in a small claims action. If they win, they get their fee and some very minimal costs (about £65). Don’t let them frighten you with tales of big legal bills – they aren’t entitled to recover them from you in a small claims action.

    If they see they are not going to frighten you into submission, they may suggest a compromise figure.
    Only you know the facts of what happened and therefore you are in the best position to decide whether they are entitled to anything, or not.

    Hope this helps.

  2. jeeper_peeper321 says:

    Yes, you cannot hire a company do do work, let them start the work, and then

    Do the work yourself, and not pay the company.

    But it would really be up to the contract you signed, whether you actually owe them the money and how much.

  3. forgetmenot1908 says:

    You need to see whta your contract with them states – if you havent signed a contract then asta la vista! bin them off – what can they actually do?

  4. katewearsconran says:

    Check the contract you signed with the estate agents, that should detail fees. No doubt there defence will be the time and money they took to market your home.

  5. bluegirl says:

    It would depend on the contract that you had with them. To be honest it would be a lot simpler just to give them the money and be done with it.

  6. Hoodoo says:

    Yes because they forwarded the buyer to you. To be 100% certain call a Solictor.

  7. Veronica Alicia says:

    I don’t know, but in a situation like this, I would phone Citizens’ Advice Bureau and make an appointment to see their Solicitor.
    I would think that since they are making these threats, you have signed something to say that you agree that the full fee is payable should you negotiate a private sale.
    I don’t know about the Injunction.

  8. old know all says:

    They’re probably bluffing. They can go to Court to get an injunction delaying the sale. If completion date is tomorrow, they’ll have to be quick. If they do it, the Court will order that the sale should be delayed until they are able to rule on the dispute. When they do rule, if they find in your favour, you could claim considerable damages from the Estate Agents.

    If you’re prepared to brass it out, write a letter to the senior partner of the estate agents, marked URGENT and WITHOUT PREJUDICE. State that any contract between you and them is void because of their failure to find a willing buyer at the price you agreed. If they seek an injunction delaying the sale, you will ask the Court for damages of £1,000 for each DAY the sale is delayed plus the costs of your buyer. Deliver this by hand today to the estate agents head office.

    If you don’t have the nerve, phone them up and ask them how much they’d settle for.

  9. Karma says:

    If you have a contract with the real estate agent that states that they will work for you in return for a commission from the sale, yes, they can.

  10. on thin ice says:

    Depends entirely upon what sort of agreement you had with the estate agents. Did you sign anything ? If so read it carefully. Especially you are looking in the small print for words such as ‘sole agency’ . What some agents do is to tie you down to letting them be the only ones to market your property, usually for a set limited period, they might say they will only charge you commission if they introduce a buyer, they might say if you have to pay so much for the advertising if they don’t sell it. Sometimes you will see words to the effect that you will pay them commission if they introduce a would be purchaser ‘willing and able to proceed’, that means their customer takes preference over one you find for yourself but from what you say they haven’t found you a buyer at your asking price. You’ll be needing a solicitor to handle the sale anyway so see them as soon as possible and take any of the estate agents paperwork with you. If they are entitled to a fee there are circumstances in which a legitimate debt can be put as a charge on the property but it is too complicated to explain on here. I suspect they are trying it on – it might be worth reminding them that if they do try it on with you the resulting adverse publicity when you go to the newspapers will cost them far more than their bully boy tactics are worth. If they are in some trade body, such as NAEA ask for a copy of their codes of practice and consider reporting them, also seek advice from your local trading standards dept.

  11. beetlebug says:

    Unless you gave them written notice (usually 6 weeks in most contracts) then you are obliged to pay them. This is not something they draw your attention to when you sign the contract but generally it is there. Read your contract thoroughly but I think you will find they are right unfortunately.

  12. lulu says:

    I thought that as long as you found the buyer yourself and this company was not introduced by the Estate Agent, then you owe them nothing. You need to check your contract carefully and perhaps talk to the solicitor handling your sale (if you are using one)

    Sounds like a lot of hot air to me, and….can they get an injunction that quick ?

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