Estate Agent fee to take property off market???

honeyly

Hopefully someone might be able to offer us some advice!!!

In March we place our flat on the market with a local estate agent. Since then we have not had one viewing! The estate agent has however made 4 appointments with us for viewings but none of them showed up - which is highly frustrating when you've cleaned up and sat around waiting!
Last Tuesday the EA called informing me that someone wanted to come and view the flat on Saturday morning - this time I made sure the EA called the viewer on Friday to confirm that he was still coming. Well surprise surprise he never showed up!! I called the EA after waiting for 20 minutes so they could call the guy and check he was still coming. The phone was engaged for 15 mins but I finally got through. It then took them over an hour to come back to me to inform me that the viewer had made a mistake and he thought the flat was unoccupied and he had actually waited for the EA to show up and take him round. I did ask why he hadn't contacted them to say he was waiting but she just replied with "....ur don't know" (phone was probably engaged for him too!!) She then informed me that he wasn't going to view as he wasn't sure about the area - she must have forgotten that she told me on Tuesday that he lived up the road from us already???
Needless to say I'm well and truly fed up with them! They have never called me once since March to discuss the property, its been me thats done the chasing and suggesting we drop the price, take more photos etc
Since putting the flat on the market with them we've had to do most of the work! We had to re-write the brochure as it was full of spelling mistakes and the description was wrong (ground floor instead of first floor etc) the photo on the front wasn't even of our property. They advertised on Rightmove and that was full of spelling mistakes too - they've generally just done nothing!
I informed them on Saturday that I wanted to take the flat off the market but they've told me that they charge £50 for admin and I'm tied in for 28 days. It is stated in the contract which we signed - can't argue that, but I'm just so reluctant to pay £50 and I'd have to wait for 28 days before it can go on with another agent....
Sorry for the long description - I could write more as I'm so fed up, but I'll leave it there!!!!
Has anyone got any advice???

wanttosell

Stand your ground, and say in no uncertain terms how unhappy with their service levels you are, stating all of above mentioned points and as a result you will be going with another agent.
If they wish to persue you in court for £50 so be it. You are putting it on with another agent Immedietly if they get any viewers in the next 28 days you will be prepared to see them.
I doubt very much whether when presented with your case they will argue.
After all you could refuse viewers from them, or take it off the market, not a lot they can do about that.

neas

Nothing to do with servive... its the market... most likely other eas wont get you business either.

If you sign a contract... and it says 50 quid and 28 days.. then thats the laaaaw!.

If you want to get into a protracted battle with them go ahead... but it aint worth it.

Cant you pay the fee and just put it with another agent in the meantime?

wanttosell

Market may be crap, but in which case EA should have more time on their hands to be proactive, IE calling their vendors and letting them know what they are doing to try and sell your house, talk to you about price reductions, chase buyers that have not turned up for viewings and give that feedback to the vendors. Make sure they check their details before inputting on to RM etc, sorry but the OP has had shoddy service.
If they had called her once a week saying we are advertsing this week, we think you need to reduce and generally done their job properly I would agree.
But it doesnt sound like they have done anything right IMO.

honeyly

I am thinking that my only option is to pay the money - but only on the condition that the flat is taken off the market immediately.
And whilst I appreciate that the current housing market isn't doing us any favours, I'm still under the impression that they haven't really done much for their money. I work for a property development company and have seen first hand the effect of the housing market, but in 4 years of us selling properties via estate agents we have only had a handful of no-shows.
I know business must be bad for them at the moment, but you'd think they'd want to keep the existing clients they've got - word of mouth surely is paramount to them????

tbs624

neas wrote: »

Nothing to do with servive... its the market... most likely other eas wont get you business either.

If you sign a contract... and it says 50 quid and 28 days.. then thats the laaaaw!.

If you want to get into a protracted battle with them go ahead... but it aint worth it.

Cant you pay the fee and just put it with another agent in the meantime?

iwanttsell beat me to it! Look back at what the OP actually said:

honeyly wrote: »

....They have never called me once since March to discuss the property, its been me thats done the chasing and suggesting we drop the price, take more photos etc
Since putting the flat on the market with them we've had to do most of the work! We had to re-write the brochure as it was full of spelling mistakes and the description was wrong (ground floor instead of first floor etc) the photo on the front wasn't even of our property. They advertised on Rightmove and that was full of spelling mistakes too...

If the OP is the one suggesting a price drop that suggests that s/he recognises the current market state. Those EAs who still have jobs should be working that bit harder, not sitting filing their nails & playing online poker whilst getting paid.At the very least their brochures should be first rate and they should be in regualr contact & offering suggestions on what to do next.

As posted above- drop them a line and highlight their inefficiencies.Contracts worth both ways - if you want paying under one, you keep to your side of the deal & do the job you were supposed to do.

honeyly

Thanks for your replies - its good know that other people argree with me!!! I was beginning to feel as though I was unreasonable - but £50 to us is alot of money at the moment!!!
I handed a letter into the branch on saturday to inform them that we wished to take the flat off the market and asked if the Manager could call me asap to discuss the fee. I have chased to speak to her this week but as of today she still hasn't returned my call - thats nothing to do with the market, thats just crappy service!!!!!

geoffky

Ps....its The Price!!!

honeyly

The price for what geoffky???

wanttosell

Think he is saying if you have had no viewings it must be too expensive.

jimc_2

wanttosell wrote: »

............You are putting it on with another agent Immedietly if they get any viewers in the next 28 days you will be prepared to see them..........you could refuse viewers from them, or take it off the market, not a lot they can do about that.

Be careful about taking this advice. Check your agreement carefully for any Sole Selling Rights or other snide clauses that might mean a DOUBLE commission if another agent sells it within 28 days of giving notice (or even later with some sneaky terms).

28 days is not long compared with how long you've waited already so it could be your best bet to advise them that's exactly how long they've got to get their act in gear. If you do cancel them, make sure it is a complete and clear break and that they can't get back at you. See here for some recommended wording.

DON'T put complaints in this letter! They'll only use these to try to invalidate it! (Mind you, they sound so dozy they probably haven't got a clue about any of this!)