Can they really do this?

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05 Jun 2019 21:58 by musicdonna Star rating in Near Huercal-Overa, .... 250 posts Send private message

We have a rental property.  Our tenant, whose tenancy agreement comes to an end at the end of this month, has expressed a desire to buy our property rather than continue to rent.  We are happy to sell when the agreement has finished. But... there is a clause in the contract to say that should the tenant wish to buy either during the agreement or after (how long after??), it must go through th eestate agents who set up the agreement.

Is this correct?  They have already been paid to do the work connected with the rental.  Can they really demand a commission after a rental agreement has finished?  Maria de Castro, can you shed any light on this, please.  Thank you.



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05 Jun 2019 22:33 by perrypower1 Star rating in Derbyshire/Fuerteven.... 647 posts Send private message

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Yes.  You signed it as did the tenant so it is binding and very common.  





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06 Jun 2019 00:01 by Mrsubby Star rating. 75 posts Send private message

Yes it’s common.

if they have been good enough to manage the property for you they are good enough to sell it for you.

I get your point why should they take commission on something you have technically sold yourself.

did they find you the tenant? If so they found you the buyer.

talk to them about reducing their standard fees, has they haven’t had to do any advertising for you or showing potential buyers around.

unless the fees are written in the contract.

 


This message was last edited by Mrsubby on 06/06/2019.



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06 Jun 2019 01:02 by Roberto Star rating in Torremolinos. 4498 posts Send private message

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If you signed a contract with those terms in it, then it's probably legally binding. But presumably you didn't sign anything with regards to the sale price? So, just add the agent's commission on to whatever price you want. Let the tennant/buyer pay it.



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06 Jun 2019 14:49 by acer Star rating. 1365 posts Send private message

It's not as simple as some folk have indicated here. 

First off there is EU legislation which protects individuals against unfair contract terms imposed by companies.  Secondly companies invariably lose in court if they try and rely on minor tucked away clauses in a contract which have not been made known to the individual, which in fact represent important aspects.

The other aspect to remember is that any ambiguity in a contract is always interpreted against the party that wrote it.  So have a good read and find a reason it is unclear or open to interpretation and go from there.

You mention that there is no indication of the time period involved for which they can claim a fee.  That seems a blunder on their part - it is unreasonable.  It cannot be applied in say 10 years!  If it went to court the decision might be that the contract was voidable, or it might be that the court/judge would decide a period that was fair.  But it may be a starting point and look for others - it's worth the effort, have a strong black coffee and examine every word carefully.   If not use it to agree a compromise.

Good luck
Acer (trainee barrack-room lawyer)





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