“I rented my house through JDW and then received an ......”
1 Star Review
Oct 21,2013
By:
'Furious'
Oct 21,2013
Branch: London, 501 Battersea Park Road
Services: Sales (as a Vendor)
Would you recommend?: No
Postcode: SW11
Branch: London, 501 Battersea Park Road
Sales (as a Vendor)
Postcode: SW11
22
people found
this helpful
I rented my house through JDW and then received an offer from the tenant who wanted to acquire the property. As it happens, we were thinking of selling up. We agreed the terms of the sale on a private basis and then the sale was concluded. About a month after the sale I received a call from JDW seeking a commission of 1.50% of the sale consideration. They told me the tenancy agreement that we signed in 2012 contains a clause whereby if a Tenant sourced by JDW ends up acquiring the property, they have the right to claim the "standard sale and purchase commission". Having sought advice my solicitor, he advised me that this clause is Illegal. He cited a ruling by the High Court against Foxtons in 2009 relating to the Unfair Terms in Consumer Contracts Regulations 1999. Furthermore, he referred me to The Property Ombudsman Code of Conduct (Paragraph 3j) which states "that an agent's Terms of Business must not require the payment of commission in circumstances where the tenant agrees to purchase the property unless this is subject to a separate sales agreement". Anyway, I referred JDW to discuss this with my solicitor. We made no progress, so my solicitor referred them to the Property Ombudsman who confirmed that the 2009 ruling was very clear. Just be warned, this sort of clause should not appear in any tenancy agreement and if it does, it goes against all recommended practice and cannot be upheld in a court of law! I am so relieved in avoiding having been caught out ! ! !
What agent could do to change your mind?
Dishonest. Illegal clause in tenancy agreement
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