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Help! Estate Agent Threatening to SUE!

Firstly we are in Scotland so the rules may differ! Having had our house on the market to sell for over a year, we decided to rent it out when we bought another property. The Agent was hopeless and we needed to cover the mortgage payments. I got my Solicitor to draw up a Tenancy Agreement and luckily we managed to get it rented out privately within a week. Now the selling agent has found out and is threatening to sue over non payment of the cancellation fee! Now we never cancelled our Sale of the house - as far as I am aware it is still advertised for sale. We were called about 2 months ago with a prospective buyer wanting to view but I didn't return the call as I had been made aware there had been a repossession of the same house as ours and in the same street which was £40K CHEAPER than ours! So I presumed if they had done their homework (as I had done) They would know they were just being 'nosy'! All advice welcomed!

Asked on May 24 2011, Selling in Coatbridge | Report content

Answers (2)

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  • From my experience it would appear that the agent is trying their luck. Technically you have not disinstructed them, they still have the opportunity to sell your property so I’m not sure where the issue lies. I would however speak with a solicitor or in the first instance speak with the Ombudsman or contact the Nation Association of Estate agents.

    Answered on May 25 2011, Report content
  • How much are they asking for? also, have you checked your agency agreement? there might a clause in the agreement to pay this cancellation or withdrawal fee.

    Answered on Jun 7 2011, Report content

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