OK, Hanney, I just noticed you are in the UK. I don't know what is customary in your area. In that case I would present my offer as 1.75% less + the fee, so that you're still paying the same amount.

GOOD FOR YOU, if you dont have an agreement with estate agent should be paid by the property owner not you, unless estate agent participated in documents and etc on your behalf. Executed contract signed when you leased home, and listing agreement govern how he should be paid.

Perhaps all parties can work in concert together resolve issues.

Thank you for your reply Mr Bill Eckler.
In response to your query JR, I had made an offer of £800k to the landlord, which he had accepted. This was communicated to me by the estate agent, who also told me that I am to pay him fees of 1.75% on top of the agreed sum. I did not have any agreement with the agent and always thought that the seller would bear the cost of the estate agents fee as he has an agreement with the agent to sell the property. In my tenancy agreement there is no clause about myself bearing the cost of any agency fee in the event of a sale.

The only thing that I can think is that when you signed the rental agreement, there was a clause in there with a provision that should you purchase the home then a commission was due to the agent. If you can't find a clause like that within your original rental agreement then I can't think that you should owe them a commission.

Can you elaborate when you say the agent is asking you to "bear the cost of his agency fee"? You have made an offer of, for example, 300,000. The agent wants you to pay, for example, 300,000 to the owner and then another 15,000, 20,000 or 25,000 on top of that to him? Please be more specific so I can understand what is going on.

Hanney,

This is not to be considered legal advice, but normally with the sale of a home the "seller" is responsible for paying any "professional service fees" (commission).

Since the owner may be trying to pass this expense to you, we recommend having a conversation with them to clarify your concern.

Consult a real estate attorney for the best source of information on legal affairs.


Good luck