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Can I sue my estate agent or withhold their commission if they undersold my property?

I just sold my property in the UK. The estate agent didn't give me good advice and rushed me to exchange contracts with the buyer and thus my property was sold at less than its actual value. When I signed the agreement with them there were two rates: one for sole agency and one for dual agency and I originally took the dual agent option. However after few months, the situation changed and they become the sole agent. I no longer live in the UK and I don't have property there. Firstly can I sue the agent for giving me bad advice and rushing me to exchange contracts. Secondly until now I haven't paid their commission. If I don't pay what can they do as I am no longer resident and don't have UK assets.

We cannot advise on the possibility of bringing a claim for poor advice without a lot more detail as to the circumstances, but as a general rule, if you estimate the poor advice cost you more than £5000 then you should pursue a claim.

If you are no longer in the UK it is unlikely that the agent would pursue you for the debt unless they believed they could easily locate you and then get access to your assets if they won.

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by Conrad Murray last modified 2007-06-03 08:44

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