Can an Estate Agent do this regarding a contract?

Thrugelmir

Doozergirl wrote: »

I am starting to despair for your EA.

Why would someone not assume that you were happy on the original terms - which stuck with for nearly four months previously? It's not wrong, not malicious - almost common sense in fact. This is not a brand new relationship - there is an element of goodwill involved here. If I were making that call to the agent, the first words out of my mouth would be 'I'm sorry, I would like to use your services again but I was unhappy with the terms of the agreement which I should have renegotiated at the time but would like to do now'

Honestly, I can't believe that neither you, nor I :wall: have anything better to do than think about this.

Get the terms you want or walk away. That is it. Honestly, your life must be either fantastic or permanently full of despair if this is what you concern yourself with. If you are going to lay blame at their feet then you should not be using them.

You have the patience of a Saint .

Spot on reply. The verbal conversation with the EA led them to believe that you wished them to market the property again. No doubt they operate under standard T&C's of trade. Any issues should have raised prior to verbal instruction.

I assume that your frustration is borne out of the fact that you've been unable to sell your property. Something which your EA may not have any control over.

stilltrying2

Thrugelmir wrote: »

You have the patience of a Saint .

Spot on reply. The verbal conversation with the EA led them to believe that you wished them to market the property again. No doubt they operate under standard T&C's of trade. Any issues should have raised prior to verbal instruction.

Yeah right, standard T&C's is advertising and promoting a property without any written contractural authority to do so, correct? is that what people really think Es work in the real world? NO, they do not take it upon themselvesto ASSUME anything.

Thrugelmir wrote: »

I assume that your frustration is borne out of the fact that you've been unable to sell your property. Something which your EA may not have any control over.

Not at all, why would we willing to advertise via this agent again if that were so? A pretty bizarre analogy to be honest. All done to waste a couple of weeks and then take it off the market again, why.
The frustration is that this EA took it upon themselves to resurrect a contract, a contract that was dead and buried, they had NO right to do so or any written permission that would be ok with us, owe have never had dealings in the past to suggest this could even be a possibility.

Nothing but pure arrogance and a desire to trap people in difficult times is all we can be left feeling at this moment in time by their actions. Moreso after their blank refusal to take our wishes into account, today, they started by proudly telling us that no matter who bought our house and from what source they wanted their commision. This is NOT standard or good practise for any EA.

This EA took it upon themselves to start promoting our property before all of the normal and expected steps had been gone through, they have no leg to stand on and no matter how patient you feel others have been, we are NOT lemmings and will NOT be railroaded into a situation that we are not in agreement with. A contract is a contract, it contains agreed T&C's, at this moment in time, we have actually agreed to nothing but the EA has simply TRIED it on in an attempt to tie us to their agency for any eventuality. It makes no difference what was contained in an old, closed and outdated contract, as said,they chose to promote the property sooner than they should, we did not insist on it or expect it to be promoted until we had, as always,agreed in writing to the T&C's of a contract.