I am being sued by Foxtons for over $3000. Foxtons was my agent for the sale of my home in July. I also purchased a house with a Foxtons agent in August.
The house listed by Foxton sold in one day when a local realtor drove by and saw the for sale sign. She knocked on my door and asked if she could show the house to someone with her, and I said yes.
At settlement, the Foxtons agent signed for her commission check and went happily on her way.
In April, ten months later, I received a letter from a collection agent, wrongly addressed to the house Foxtons "sold" and with an incorrect spelling of my name, saying I owed Foxtons 1% commission for a total of $2750. I contacted the collection agent for clarification. I was told that there was a mistake on the settlement sheet and I owed the money. I checked the sheet and confirmed that there was a mistake.
At the time I was out of work for 6 months, only recently returning to work within the past 2 weeks. I informed the collection agency of my financial situation and asked if I could pay $25 per month until I got a job. They said Foxtons wanted $250 a month. I said I could not afford to pay. They threatend futher legal action. And I began receiving letters from a law firm.
I contacted the settlement company, who was hired by the buyer of my house to inquire how this mistake could have been made. They acknowledge it was their mistake, but said I was liable since I signed a ommission and error waiver, at the advisement of my lawyer, which held me responsible.
I contacted my former Foxtons agent about this ordeal, and he said the he believed the buyer held some responsibility for the money since his realtor hired the setlement company and he had also signed the waiver.
Due to my finacial situation, I had to sell my house in September. I offered Foxton's lawyer, as a settlement, to have Foxtons list my house. I even offered to give them an extra per centage point to settle the matter. They refused.
We are now schedule to go to trial in January. I can't afford a lawyer. I recently offered to pay $2000 and month payments of $100 for a year. The Foxtons lawyer refused this offer saying that Foxtons doesn't want to drag this over such a long period of time. My respoinse was that Foxtons has draggged this on for over a year.
I am beside myself at the way I have been treated by Foxtons. Why should I be responsible for Foxtons inability to provide the full professional services they advertise.
Every real estate agent I've spoken to abouth this says this is clearly a something Foxtons should take responsibility for.
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