Two letting agents around same property problems

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    Two letting agents around same property problems

    Hi Everyone,

    I'm in a bit funny situation here, and I would like to know my rights.

    I found one flat on Zoopla, called the agency and scheduled the viewing. We viewed the flat, but pictures on Zoopla are not representing this flat. After we viewed flat, we said to the agent that we are interested but we did not gave formal offer, agent told us that she will send us form where we can put the official offer to the landlord and we did not signed anything, we asked agent how big discount we can get if we pay upfront for 12 months and agent told us we could get about 50£ less pcm if we offer that.

    When we come the the home,we found this same flat listed on different web site, for 200 £ less per month with different agency. We contacted second agency and we put the offer through second agent without viewing the flat that same evening, and we paid reservation fee.

    On the next day first agent contacted me and insisted that i must place the offer with her agency because she showed us the flat. I told first agent that I'm not interested to place the offer with them because ad was misrepresenting the property, and the agent replied me that this does not matter because I liked the flat.

    In the meantime first agent lied Landlord that we placed the official offer. And It looked like to the landlord that we placed offer at the same time through both agencies. And i had to call first agent and tell her that I'm officially retracting my offer even if I never gave formal offer, also first agent lied Landlord that I offered to pay 12 months upfront with higher price which put me in worse negotiating position for the flat.

    Then I had to place another offer, i offered still the lower price but I had to offer to pay full 12 months upfront because of the first agent. Landlord accepted my offer to pay 12 months upfront. And now first agent is telling me that she will put legal actions against me if she don't get her fees.

    I would like to know what are my rights?
    Because i did not sign anything with first agent.
    She misrepresent the ad on web site, if I saw proper pictures i would never contact her and i would go with second agent in the first place.
    She tried to increase my rent because she lied the Landlord, and because of her I had to pay 12 months upfront for the property.

    #2
    Just ignore her, to put it bluntly.

    You had no agreement to pay her anything, certainly not 'her fees' - fees for what? Posting you a reservation form? LOL. If her dispute is with anybody its with the LL, not you.

    Lucky for you you ended up going through another agent, bet she would have been a nightmare to deal with as a tenant.
    I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

    Comment


      #3
      It is not a case of whether you made a formal offer or not, but what T&Cs you had agreed to with first agent. If the viewing was arranged via website, yoiu could have failed to unchecked the box confirming you had read the T&Cs before proceeding. Most of us don't read T&Cs, knowing the site will fail to progress anyone if the T&C acceptance box is not ticked.
      Many on-line rental sites need to be treated with caution IMO

      Comment


        #4
        Perhaps as the first agent showed you the property she has a point about requiring her commission. It shouldn't however be based on the price she was quoting, but on the (£200 cheaper) price you eventually made a formal offer with.

        Sounds like the agents need to sort it out amongst themselves along with the landlord. You meanwhile should be allowed to proceed with your offer and with no additional cost.
        IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

        Comment


          #5
          mariner,

          Viewing was aranged via phone. On website i saw phone number and i called first agent.

          Comment


            #6
            Ignor the agent.

            The landlord pays the agent for advertising, not you.

            The first agent lied, showed pictures of the wrong flat, and you did not put in an offer.

            If the first agent comes back to you, tell them that you will sue them for missrepresentation ( wrong photos, wrong price, lieing etc, ) if they do not stop harrasing you.

            Comment

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