Estate Agent Advertising Fees - spent double the estimate without consent -who pays?

Marge

Registered User
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Hi there,

a neighbour (single lady in her 60s) put her house up for sale over 3 years ago. She is not flush with cash and chose a local estate agent (EA) whom she informed that regarding advertising costs she was on a budget.
The informed her (via letter) of an estimated spend of E400. Verbally, she requested that any costs over the E400 would need to be reviewed by her etc. They agreed verbally.

10 weeks after the property went on the market, the EA wrote to her and informed her that the advertising spend was now at over E800. She called them and wrote to them about this stating that she had never given consent agreed to spending over the initial estimate and they have not contacted her to request her agreement to spend over the initial estimate. They wrote back to her offering no explanation saying they knew she was not happy, but thats she just HAD to pay the E800.

The house did not sell and was later taken off the market.

My neighbour has tried to settle the costs out directly with the EA. She kept copies of all the letters she sent and records of calls thankfully. They never responded to any letters or returned her calls.

A year later, she got a letter from a solicitor representing the EA. The letter was looking for collect an increased amount of E950(no explanation offered). She called the solicitor, explained the situation. He said he would speak to the EA. He wrote back with an adjusted amount of E600. She contacted him again stating she was not happy with this new amount as it was still over the E400 and she still disputed this. She heard nothing back form the solicitor.

Then last week, she received a letter from a collections agency looking for over E1200 (again, no explanation offered for the new total).

I am no expert, but I cannot understand how any business could feel they had the right to proceed and spend double an origional estimate without consulting their client and requesting consent. They have never addressed this issue at all from what I can see.

She had always been willing to pay the E400, but now they are looking to extract E1200 which I cannot figure out.

She has contacted the collections agency and the EA after the most recent letter again referring to the origional dispute over the ad costs. The EA said they no longer have any dealings with the solicitor who contacted her the previous year and no records of her communications from then as a result. The EA then called her back and said they would now accept E800, but that she had 1 week to accept the offer of they would proceed with a court action against her. (This was a voicemail - they have not put this in writing)

Needless to say, my neighbour is now feeling distressed. She remains willing to sort out the matter, but the EA seem unwilling to accept that they should not have assumed they could proceed and spend money on her behalf without her consent.

Any advise for my neighbour?

Marge
 
Re: Estate Agent Advertising Fees - spent double the estimate without consent -who pa

Invite them to proceed with the case.

They won't be becuase they know they won't win.

I presume she has sent the €400 ?
 
Re: Estate Agent Advertising Fees - spent double the estimate without consent -who pa

thanks jhegarty. Thats a good point.

She has not yet sent the E400 - I think was hoping for the issue to be clarified first, but perhaps its best she go ahead and sent this now and see what happens.

Thanks again.

Marge
 
Re: Estate Agent Advertising Fees - spent double the estimate without consent -who pa

I would go to court and fight it out there- I think she would have a great case.
 
Re: Estate Agent Advertising Fees - spent double the estimate without consent -who pa

Court cases can be very stressfull for some people even if they have very good chance to win. Really depends if she is prepared to fight it. My guess is the estate agent is just trying to make all the money they can to survive and trodding on people in the process.
 
Re: Estate Agent Advertising Fees - spent double the estimate without consent -who pa

Thanks all for your feedback.

My neighbour put pen to paper again last week and sent a copy to the collections agency (both by registered post)

The EA have now come back and are suggesting E500. She has concluded it best to accept this that as given that there is VAT payable on the fees of almost EUR84, so E500 is close enough and she wants rid.

Thanks again for your comments.

Marge
 
Re: Estate Agent Advertising Fees - spent double the estimate without consent -who pa

Their initial quote of €400 includes VAT. It's a company dealing with an individual, so all quotes/prices have to include VAT. I'd still tell her to pay €400 and tell them to go away.