A vendor has been conducting an online campaign against Penyards, the agent that has been bought out of administration after collapsing with debts of almost £1m.
Paul Tranter and his wife had signed a sole selling rights contract with Penyards.
A buyer initially introduced by the firm re-appeared nearly two years later through another agent, who they say did all the work to secure the sale.
The Tranters say that Penyards then went to court, winning their case and costing the Tranters nearly £45,000. They claim that this sum of money had to be handed over for what was effectively a single viewing that went nowhere at the time.
Tranter, who has since emigrated to New Zealand, contends that the contract that they signed is a breach of consumer law.
He believes that contracts should not be allowed to state that commission will be due if: “Unconditional contracts for the sale of the property are exchanged after the expiry of the period which we have sole selling rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the property during that period.”
The matter has echoes of the Foxtons’ case in which the court ruled that, to claim its commission, it was not enough to introduce a purchaser, but that to claim its fee, the agent had to be instrumental in the actual transaction. Because Foxtons had not introduced the buyer to the deal, it was not entitled to a commission, while the second agent – Hamptons – was.
The Tranters’ campaign is here: