Can an Estate Agent do this regarding a contract?

stilltrying2

We put our property on the market with a local agency last year, signed the contract and let it run its 16 week term without a sale or 1 viewing. At the end of contract we decided to change agencies (not so local), gave the 2 weeks written notice etc etc and put the property for sale with the new agency.
After no luck, again, with the second agency, we decided to return to the first more local agency, gave notice and moved back.

When we asked the agency about signing a new contract, the receptionist said that they would simply reinstate the original one (somehow). Now, our dilema is that the original contract was "Sole Seller" and we are NOT willing to use the agency under such a clause, "Sole Agency" would be fine which would allow us the opportunity to sell privately should a buyer come to us.

Can this agency resurect an old, cancelled contract in this manner without any written confirmation from the seller and what should we do about it for the agency to ACTUALLY promote our property in a manner agreeable in writing by us?
If this was a legal practise, any agency could resurect any old contract at any time and claim their fees, when not officially and legally involved by way of signed proof.

Doozergirl

Ask for a new contract or walk away. The old contract ran it's course for 16 weeks from whatever date it was that you signed.

If you want sole agency then simply demand it. You would override any existing agreement with a new one anyway, provided you both sign it.

stilltrying2

Doozergirl wrote: »

Ask for a new contract or walk away. The old contract ran it's course for 16 weeks from whatever date it was that you signed.

If you want sole agency then simply demand it. You would override any existing agreement with a new one anyway, provided you both sign it.

But surely there is NO contract to overide in our case, it ran its full term,was cancelled , therefore, what they have (are) doing is totally bad practice and illegal in the eyes of the law.

SavingSteve

Tell the EA the things you are typing here. You are right, you just need to have the conversation with them

stilltrying2

SavingSteve wrote: »

Tell the EA the things you are typing here. You are right, you just need to have the conversation with them

Yes, I know you are right but simply wanted confirmation, you never know these days what they can get away with.

As an aside, but connected, we also asked them to advertise the property for rent (they have just put a board up with a three inch "to rent" bit of cardboard beneath the for sale sign. We have never signed anything for that either, no contract etc.

I understand that we did approach them but the contract issue is totally out of order still in our opinion because the for sale contract finished last May and they havent even sent us a copy of that signed agreement to peruse and confirm.

The EA phone will be ringing tomorrow morning..........

Doozergirl

stilltrying2 wrote: »

But surely there is NO contract to overide in our case, it ran its full term,was cancelled , therefore, what they have (are) doing is totally bad practice and illegal in the eyes of the law.

That's why I said 'anyway'. despite the fact that the old contract ran it's course, any new contract would override any existing one anyway so worrying which contract is worth what what is pointless if you just get a new one signed on new terms.

If you appoint an EA without signing a contract then the contract will be assumed by your accepting their services. So, you need a new hard copy contract unless you want it misconstrued that you were accepting a sole selling rights agreement if those are their usual terms.

I don't really understand what you're digging at. If you want them to work for you on your terms then just get it in writing. If you are worried about their professionalism, don't use them at all.

stilltrying2

Doozergirl wrote: »

That's why I said 'anyway'. despite the fact that the old contract ran it's course, any new contract would override any existing one anyway so worrying which contract is worth what what is pointless if you just get a new one signed on new terms.

If you appoint an EA without signing a contract then the contract will be assumed by your accepting their services. So, you need a new hard copy contract unless you want it misconstrued that you were accepting a sole selling rights agreement if those are their usual terms.

I don't really understand what you're digging at. If you want them to work for you on your terms then just get it in writing. If you are worried about their professionalism, don't use them at all.

Im not "digging at" anything, simply wishing to make sure that what they are doing by re inventing an old, cancelled contract is not the done thing nor a legal contract as in my orignal thread topic. So, now it seems that by having the board up atall could be seen as agreeing to their terms? This was in my orignal question, are or can they be in the right without a new contract being signed by simply re instating a cancelled one.

Doozergirl

stilltrying2 wrote: »

Im not "digging at" anything, simply wishing to make sure that what they are doing by re inventing an old, cancelled contract is not the done thing nor a legal contract as in my orignal thread topic. So, now it seems that by having the board up atall could be seen as agreeing to their terms? This was in my orignal question, are or can they be in the right without a new contract being signed by simply re instating a cancelled one.

Yes, having their board would certainly be viewed as having entered into a contract for their services.

Okay, I must be digging at something because I can't see your logic yet. It's easier to know exactly what the problem is rather than skirting around whatever it is that bothers you and then us not being able to confirm either way because the question isn't a direct one.

Have you fallen out with them over the terms of the new agreement? You have a board up and they are assuming the old terms which you aren't happy with?

david29dpo

Remember you are dealing with a estate agent, not a expert with contract law. Either they know exactly what they are doing or know less that you. Either way amend the contract or move on.

stilltrying2

Doozergirl wrote: »

Yes, having their board would certainly be viewed as having entered into a contract for their services.

Okay, I must be digging at something because I can't see your logic yet. It's easier to know exactly what the problem is rather than skirting around whatever it is that bothers you and then us not being able to confirm either way because the question isn't a direct one.

Have you fallen out with them over the terms of the new agreement? You have a board up and they are assuming the old terms which you aren't happy with?

No one has fallen out with anybody, yet. Simply wanting to know what the law is regarding them simply ressurecting an old, cancelled contract to sell the property without new signatures to do so from us.

stilltrying2

david29dpo wrote: »

Remember you are dealing with a estate agent, not a expert with contract law. Either they know exactly what they are doing or know less that you. Either way amend the contract or move on.

I will but fully expect them to NOT be happy about a "Sole Agency" agreement compared to a "Sole Seller" that they have chosen to reinstate without confirmation or agreement from us. The nuances of these terms have only become clear to us in recent months and therefore their old contract is no longer agreeable to us.