After almost 16 months of having my house on the market, with not a single viewing, I have decided to change Estate Agents, only to be presented with a bill from the previous Agents for £530 of “expenses”. Are they legally entitled to do this?
This will entirely depend upon the terms of the contract entered into with your original Estate Agent. The majority of agents include in their terms and conditions a specific agreement on the part of the seller to reimburse the agent for incidental expenses, particular advertising expenses, whether or not the property is sold through their agency.
When withdrawing instructions from a selling agent you may well be faced with such expenses, or disbursements, incurred by them during their marketing of your property.
It is increasingly important for you to read carefully the terms and conditions of your appointed agent as these contracts will include such crucial terms as the minimum sole agency selling rights, payments to which the agent is entitled – regardless of whether he is successful in securing a purchaser for the property, and also his entitlement to commission where the ultimate purchaser is initially introduced by the selling agent.