Sellers beware. Multiagency no sale/win no fee, means sending your file to ELMS legal if William H Brown loses (Reference 11 Curlew Croft, CO4 3FT).
To The Property Ombudsman
Dear Madam/Sir,
I am reporting William H Brown to The Property Ombudsman for harassment regarding the sale of 11 Curlew Croft, Colchester CO4 3FT, that William H Brown did not arrange viewing for. Ms Rachel Rowe is the administrative contact representing William H Brown at Colchester's Office and should be well aware of this case dating back to 2019/2020.
I received a second claim for payment of GBP1620 from ELMS which has been engaged by William H Brown (I understand William H Brown is part of Connells - in their quest/greed to capture a larger share of the market). To date, ELMS has not clarified who actually is its client (see vague email from Ms Emily below stating that "Our client would be happy to accept a settlement figure of £1620.00 to draw this matter to a close" ). I spent a whole day in 2023 calling Connells and William H Brown who did not know who was responsible for initiating this action.
As confirmed by Leaders in June 2020 to Ms Rachel Rowe (who did not provide further evidence to counter Ms Goldby from Leaders' claim that the buyer, Mr Magoo, cancelled his viewing with William H Brown and that Ms Goldby is 10000% sure that I am not liable to pay any fee to William H Brown as a result and to wait for Ms Rachel to respond which she did not - Ms Goldby from Leaders did the viewing and got paid - understandably, William H Brown is not happy because they lost the sale). William H Brown did not and could not produce any evidence that they arranged Mr Magoo's viewing and have no basis for its claim - I understand that ELMS earns a commission on my payment and if I do not pay, it would not be paid as well.
Leaders introduced the buyer Mr Magoo (who cancelled his appointment with other agents). William H Brown did not arrange a viewing and did not introduce a buyer - why then should I pay a fee, when the agreement was explicitly on the basis of no sale no fee? I therefore do not accept liability for this ridiculous claim as I have paid my estate agency fee due in full to Leaders. I also did my part and ask Leaders to agree with William H Brown that indeed Leaders introduced the buyer. If there was any disagreement, I mentioned that I was ready not to proceed with the sale. There was no disagreement as the viewing was conducted by Leaders.
I would also like to highlight, that I initially engaged Leaders on a no sale no fee basis (see correspondence below) and subsequently engaged William H Brown on a no sale no fee basis (as per the signed contract which Michael from William H Brown confirmed that it is on a no sale no fee multiagency basis). An estate agent from William H Brown's came to my home to plead with me to sell my property - I initially said no, but was convinced otherwise as I was interested to sell my property. I asked for clarification 'Really, no sale no fee" and was told no sale means no fee, but with hindsight this is apparently not the case.
I have called William H Brown (as represented by Ms Rachel Rowe for my property) on numerous occasions including their branches in Colchester and St John, and have requested their senior management team to contact ELMS to resolve this matter, but alas to no avail. They were themselves confused as to which branch arranged the sale (see correspondence below although I told them it was Colchester, they referred me to St John, and then back to Colchester).
Below are some correspondence dating back to May 2019 to support my claim (To date, I have not seen any notes from William H Brown, other than an invoice from Connells and the multi agency no sale no fee agreement with William H Brown).
Best regards,
On Friday, 1 March 2024 at 19:58:33 GMT+3, debtassist AT elmslegal.co.uk wrote:
Good afternoon,
Thank you for your email.
Our client would be happy to accept a settlement figure of £1620.00 to draw this matter to a close.
Kind Regards
Emily
ELMS Legal Limited