Estate agents want me to sign a form?

cazraz_2

Hi All
We have just had an offer on our home after a couple of years - which is brill. But the Estate agents want us to go n and sign a form, which will be signed in the presence of the Area Manager (the offeror will sign this also). They say it is just to confirmwe have accepted an offer, but I am worried that it may be something more sinister and that when I go in I will be under pressure to sign this thing without adequate time to consider it.

Our contract details the commission and the basis of it (ie introduced buyer only and paid at exchange) and I am concerned that this form may e an attempt to override this maybe into a "ready, willing and able" whatever that means.

I know I should ask to see the form a few days before but she won't put it in the post.

It is a national Chain "Countrywide" - does anyone know what it is likely to be?

chewmylegoff

cazraz wrote: »

Hi All
We have just had an offer on our home after a couple of years - which is brill. But the Estate agents want us to go n and sign a form, which will be signed in the presence of the Area Manager (the offeror will sign this also). They say it is just to confirmwe have accepted an offer, but I am worried that it may be something more sinister and that when I go in I will be under pressure to sign this thing without adequate time to consider it.

Our contract details the commission and the basis of it (ie introduced buyer only and paid at exchange) and I am concerned that this form may e an attempt to override this maybe into a "ready, willing and able" whatever that means.

I know I should ask to see the form a few days before but she won't put it in the post.

It is a national Chain "Countrywide" - does anyone know what it is likely to be?

personally i would just say i was too busy to attend their branch and that they could fax or post it to me if they wanted to. gives you time to consider the document without being pressured to sign it if you don't want to.

presume you have nothing in your contract with the agent which refers to such a document?

certainly, you don't need to confirm that you have accepted an offer in writing. always been verbal for me - buying and selling. exchange is when you start signing things.

i would caveat that since you're the buyer, and you're happy with the offer, this may be a good thing for you. they may be trying to lock the buyer in to secure the sale, rather than make you commit to something you don't want to. i would still ask for the document to be sent to me though.

QTPie

Sounds unusual... maybe just the "note of sale" (or whatever it is called) - clarifying your details...? Although why you have to sign it... I can't imagine that there will be anything on it that isn't already covered in your contract (with the EA), but I could be wrong....

Personally as a seller (I just sold), I would do ANYTHING to progress the sale as QUICKLY AS POSSIBLE. So I would always go and pick it up or sign it in person, there and then (take your contract with you for comparison and query any differences...). IF there was anything I wasn't 100% happy with, then I would excuse yourself and take it to my Solicitor to get it checked over.

Don't hold off on the fear of "possibly being pressured into signing something under-hand" - it is 99% likely to be something completely innocent: so you are delaying and worrying for no reason. Go in, be firm and see what it is.

The important thing is - now you have a buyer - to progress things to Exchange as quickly as possible...

Good luck
QT

Enfieldian

Countrywide do not operate the "ready willing and able" principle (at least not in the 10 years that I worked for them).

They may want an up to date agreement signed before sending out the letters (having not got one in the past or losing it?)

Suggest you go and read it and see.

jenny74

Countrywide are the agents that are dealing with the sale of our property and another branch are dealing with our purchase. I have always found them to be the most professional EAs in the region.

Don't worry, just go and have a look, they're not going to force you to sign anything.

googler

If they are OEA members, their code of practice reads thus;

"

Continuation of Marketing

6d When an offer has been accepted subject to contract (in Scotland, conclusion of missives) you must consult and take the seller’s instructions as to whether the property should be withdrawn from the market, or continue to be marketed. In the latter case, you must so advise the prospective buyer in writing. The prospective buyer must also be informed in writing
should the seller later decide to put the property back on the market. You remain under the legal obligation to pass on offers, as defined in 6a above."

Perhaps they want confirmation or otherwise of the above?

chickmug

googler wrote: »

If they are OEA members, their code of practice reads thus;

"

Continuation of Marketing
6d When an offer has been accepted subject to contract (in Scotland, conclusion of missives) you must consult and take the seller’s instructions as to whether the property should be withdrawn from the market, or continue to be marketed. In the latter case, you must so advise the prospective buyer in writing. The prospective buyer must also be informed in writing

should the seller later decide to put the property back on the market. You remain under the legal obligation to pass on offers, as defined in 6a above.

"



Perhaps they want confirmation or otherwise of the above?

Good post as this is the only reason why we would of asked for something signed but usually only by the seller. And it would be a very simple form. Anything that has more detail needs to be taken away for the OP to study regardless of pressure applied.

princeofpounds

Sorry for stating the obvious here but...

- If you are worried about being pressured, don't be pressured. Take as long as they want and if they try to hurry you tell them to back off. Get some backbone ;-)

- They are selling your property, they work for you. Ask them what the form is for! And why they will not send a copy (or will they read it over the phone?). If they do not tell you what it is then it's very suspicious and you should tell them as much.

Running_Horse

We sold though Countrywide and were very happy with their service, but were not asked to sign any such form. It all sounds a bit odd, but no doubt may have a simple explanation. Personally I would be very cautious. There will soon be mountains of documents to sign via post. Can't see any reason it cannot be done that way.