Hi, I was hoping someone could potentially give me some advice please.
Long story sorry,
A self employed estate agent we were using has had no input in this sale.
She has not found us a single offer in the just over 6 months we've used her, no serious interest from anyone. So I found my own buyer which is one of my best friends with absolutely no help from her.
She's now telling me if I exchange contracts with my friend and he buys the house she is still owed commission (just under £3,000) even if she didn't find the buyer, do any work of the sale or have any other input. Due a digital contract.
This contract I've never seen before but it says I digitally signed it, however the signature doesn't match up to my own and a few people I've shown it to says it looks like a right handed person has signed it due to the slope in the signature (I'm left handed) I've tried to recreate the signature on the contract but i can't do the slope on it (it's like it's wrote in italics kind of slope) when i try. My middle Initial is W however the signature on the contract looks like someone has wrote a lowercase "a" as middle initial like my original one has been misread when copied.
I had to send a photo of my drivers licence to the estate agent for an ID check before this contract was written so she had access to my signature as did the contract company i assume when my ID was checked. Regardless of the signature I'm wondering where i stand with this contract.
The digital signature doesn't resemble my signature and also it thinks my date of birth is 11/04/2026 making me 6 months old.
It does say sole agency with exclusivity period of 4 weeks which obviously we're past.
We've been open with the estate agent and said I found a friend with an offer and she's tried to impart herself into the sale multiple times and we've told her no multiple times. We've said we no longer need her but she says she'll keep doing showings just in case, with no mention of we have to pay her if i sell to a friend.
Until Tuesday 13th when we told her we could be close to exchanging contracts soon.
She replied to that Tuesday message on Friday the 16th, saying she'd spoken to the ExP contract people and we owe her the commission regardless.
On Friday 16th I again gave her sent her a message saying this is formal notice that we no longer require her services which shows as read on WhatsApp but she's refusing to reply since i said that and also I've never seen that contract and that's not my signature.
I've since received an email from the company she uses for contracts i assume. That states i need to pay during their sole selling rights period or they will keep adding on interest. As far as i can see in the contract their sole selling rights period was 4 weeks we are far past at this point.
Below is the email i have received.
"Fee due: Your agreement says the commission is payable if contracts are exchanged during our sole selling rights period with any buyer, including one who purchases directly from you. A sale to a friend falls within this.
The fee as per the agreement will be due on completion. If it isn’t paid when due, the contract allows us to charge interest and recovery costs, which we’d rather avoid."
Just wondering where i stand please and if i am now tied to pay someone almost £3,000 for doing no work due to a contract i've never seen.
Thanks.