How do I find a good estate agent?

There are good and there are bad Estate Agents.  There are Estate Agents that are helpful and there are other Agents who inadvertently cause delay. Finding a good Estate Agent is therefore not an easy task.  In this article I provide some tips which I hope will help you find an Agent who will provide you with a good service and one commensurate with the fee that they charge. 

The Estate Agent will charge a fee according to the value of the property to be sold and this varies from 1% up to 3%.  This is different from how Solicitors charge as most will quote a fixed fee for the work which more often than not is tied in with the value of the property.  The fee of the Solicitor often therefore represents a very small proportion of the fee that you will be required to pay the Agent for marketing your property.

The tips I have are as follows:

Shop around as there is quite a variance in the rates charged by Agents and there are a number of online Agents who now offer their services for a fixed fee.

Don’t be tempted to place your instructions with the Agent who is offering the lowest fee.  There may be a number of reasons why the Agent is not charging a fee in line with other Agents and one of which may be that the Agent will not advertise your property as much as one that is charging a greater fee. 

Indeed it is important to find out at the beginning how often the Agent guarantees that your property will appear in the local paper and also whether or not it will be listed on Right Move’s website or other similar portals. It is important to get some form of commitment from the Agent as to the extent and length of the exposure your property will receive.

Most Agents keep details of the properties they have sold each month and it may help if you ask for these details to be made available to you before you make your decision.

Does the Agent offer any online access to their service so that you can check on progress outside normal working hours?

The Agent may be open to agreeing a split commission arrangement with you which enables you to pay more if contracts are exchanged within the specified period and less if it takes longer to find a buyer. 

If the Agent refers you to a Solicitor it is important to ask whether there is any arrangement that exists between that Agent and the Solicitor whereby the Agent receives a referral fee.  The reason for this is that if a referral fee is paid then the solicitor to whom you are referred will need to disclose this and it is important to know because sometimes the Solicitor may look to add this referral fee onto the fee you are charged.

It is important that you always get an agreement from the Agent in writing and to check all the terms and conditions before the agreement is signed.  It may be advisable only to agree to a short period of time for marketing because if the Agent doesn’t perform then you will be safe to instruct another Agent.

If you do instruct another Agent it is important to read the small print because some agents even after you have left them still reserve the right to charge a fee if it can be subsequently shown that it was as a result of that Agents promotion that a buyer was found.  My advice therefore is that if you move Agents you get a letter from the other Agent to confirm that there is no longer a right to raise a fee.

On the whole Agents can be very helpful during the course of the conveyancing transaction.  However, they can create unnecessary delay because of constant requests for updates from the Solicitor you instruct.  At the end of the day you are instructing the Solicitor not the Agent and therefore it is important that you tell the Agent that they should not contact your Solicitor without first seeking your prior consent.

The Agent will be expected to be paid by the Solicitor once your house is sold. If for any reason you do not wish for the Agent to be paid or you would rather pay the Agent yourself it is important to tell both the Agent and your Solicitor in advance of completion. 

Once the sale particulars have been prepared and sent to you for approval it is important for you to read through these carefully as mistakes can often occur. The statements contained in those sales particulars are often relied on by the purchaser and if there is anything therefore that is not correct it is important for this to be pointed out straight away.

Feel free to consult with a Solicitor before you market your property because local Solicitors often know who the good Agents and may be able to help you find an Agent through recommendation.

At the end of the day you are paying quite a substantial sum for the service and it is for this reason that you should always do your homework and shop around and perhaps also seek recommendations from friends, family and work colleagues before making your decision. 

If you would like to find out how we recommend within the Norfolk area feel free to email me as I am more than happy to assist.

 David Pett.  Solicitor and Partner davidpett@m-j-p.co.uk 

What is a compromise agreement?

It is regrettable that we are now living in a climate where we are seeing an increase in ‘forced’ terminations of employment  contracts.  Many employers, particularly in the public sector, are looking to reduce staffing levels and to facilitate the termination through compromise agreements.

The concept of a compromise agreement was created in 1993.  It is a document that records an employee’s agreement not to pursue an employment related claim, such as unfair dismissal or breach of contract. The agreement is usually in exchange for a sum of money.

In law the agreement will only be valid if certain conditions are met and in all cases if you are being required to sign a compromise agreement your employer should send you, along with the  draft agreement, to an independent solicitor  for advice.

So why is it so important to seek independent advice?

At MJP when we are instructed to provide advice we run through an established check list to make sure that the agreement you are being required to sign is valid and more importantly fair. 


We will check whether:

the sum offered to you represents a fair compromise


the reason given for termination has any bearing on you income protection scheme if you have one


your contractual entitlements will be protected until the termination comes into effect


you have as part of the compromise received compensation for accrued holiday, notice, and other contractual benefits




 the treatment and timing  of the payment is structured in a way to mitigate your tax liability


there will be help in finding alternative work with the production of a pre-written reference


the restrictive covenants are fair

Who pays for this?

The practice is that the Employer will pay a contribution towards the cost which is in the majority of cases will cover the solicitor’s fee.  In the main therefore it will cost nothing to seek advice.

If you wish to know more or to arrange a FREE consultation with us please call David Pett on 01603877000 or email him at davidpett@m-j-p.co.uk

Posted by David Pett

Lack of Building Regulations – Why is it such a problem when moving home?

Solicitors should always when a property is to be purchased ask if there has been any alteration made to a property, and whether planning permission and/or building regulations approval has been obtained.  At one time if no enforcement action in relation to building regulation was not taken within 12 months the buyer could proceed without fear of assuming the risk of liability.

However, in the case of Cottingham v Attey Bower & Jones [2000] PNLR 557, a firm of Solicitors were held negligent because they had not adequately investigated whether works had building regulation approval.  The building works required £30,000.00 worth of repairs and the buyer’s Solicitor was held responsible for the cost of this, because it was held that even though no enforcement action had been taken in 12 months it was still open to the Council to apply for an injunction at any time.

Since this case Conveyancers have always erred on the side of caution and ask for a copy of building regulations approval for any works irrespective of when they were undertaken.   The problem they often face is that Councils do not always keep a copy of the building regulation documentation for more than 4 or 5 years.

You may ask why a Council would bother to enforce say after 20 years. Realistically the chance of action is remote, but it is not inconceivable, because if the works   later raise a Health and Safety issue then the Council would probably not hesitate in taking action.

If you are a purchaser with a mortgage the situation is not going to be helped, because lenders are aware of this case, and always ask as a condition of the mortgage for confirmation the building approval has been obtained.  Sometimes a lender can allow the lack of building regulations to go through, if an indemnity policy, that is an insurance policy, is taken out to protect against possible enforcement action.

Insurance can only be obtained however if the Council has not been alerted to the fact of the absence of building regulation approval.  Interestingly therefore it is perhaps best at times for no inquiry to be made with the Council.

No all lenders however accept insurance.  It is down to the solicitor to check with the lender.

Insurance may not always be the answer because if there have been structural alterations undertaken, and there is no building regulation approval, then it is obviously important to make sure that the property is safe.  In those circumstances a structural survey is clearly essential and is likely to be requested by the lender.

So to recap if it’s found out there had been structural alterations, the first step is to ask the seller whether there has been any building approval.  If there is not, then to enquire about insurance, but to also give consideration to whether:-

-       The lender you are borrowing from is prepared to accept insurance.

-       Whether you are in fact prepared to accept this, because you could be buying a house that has structural problems.  Indeed it’s for this reason I always advise that a full survey should be obtained before contracts are exchanged.

Before paying for indemnity insurance please read this article by the same author:  Overuse of indemnity insurance 

By David Pett - davidpett@m-j-p.co.uk 

Rod Stewart announces in Norwich a long awaited return to song writing

Singing his heart out to an eighteen thousand strong crowd at Carrow Road in Norwich last night, Rod Stewart declared that after a writing drought for what seems decades, he is looking to write and record some of his own material.   Stuck in a groove with the American Song Book collection and some other albums of covers, this news will come as a pleasant surprise to fans like myself who have been waiting a very long time for Rod to come up with some original material.   I am sure we can all recall some of the classic Stewart penned songs such as ‘Maggie May’, ‘Stay with Me’ ( sharing the writing bill with old chum and partner in crime Ronnie Wood now with the Rolling Stones) and ‘You are in my Heart’.

So how was the concert? Superb.  Apart from some sound problems at the beginning which always seem to exist at his open air concerts, the gravel and soulful voice was both strong and elegant.   Singing with as much passion as fans like me have come to expect I am sure after 2 hours of ‘hit after hit’  no one in the crowd was left disappointed.  There were a few surprises.  A cover of a blue’s track from a forthcoming but yet to be released album and also a rare outing of ‘Every Picture Tells a Story’ taken from the critically acclaimed album of the same name.

The man has soul and despite his ageing years, his enthusiasm and love for music and providing value for those finding the money to come and see him is unremitting. He left the Norwich crowd with smiles on their faces and no doubt a flood of many happy memories generated by his music which for many of his fans has become a soundtrack for their lives.

Rod’s next outing  is at the end of June when he teams up with Stevie Nicks at the Hard Rock Concert In London  - a taster I hope of what was on offer during his recent sell out tour in the USA. 

Review by David Pett - davidpett@m-j-p.co.uk 

Do you lease your flat? Why is it important to consider extending your lease?

If your Flat was built in the 60s 70s or 80s the Lease is probably only for 99 or at most 125 years. A Lease with less than 80 years left to run is always more difficult to sell as mortgage companies will not be keen to lend against them particularly in todays lending climate. What was once a good investment could now developing into a financial burden.

We at MJP have the expertise to advise on Lease Extension or Enfranchisement. For further information and a FREE consultation contact Andrew Skuse on 01603 877000 or email andrewskuse@m-j-p.co.uk

Down's Syndrome compensation payment

Sara Westwood, partner and clinical negligence expert with MJP Solicitors, has recently settled a case in the sum of £3,000.00 for a client who is one of a number of ladies affected by the error in Down’s Syndrome screening at a local hospital.

If you have a similar concern or wish for further information please contact Sara Westwood on  01603 877000 or by e-mail at sarawestwood@m-j-p.co.uk

MJP Solicitors have a specialist team of clinical negligence injury claim experts who offer free legal advice about taking a claim, if you, a friend or relative have been the victim of medical negligence please get in touch with MJP Solicitors to find out what to do next on 01603 877000