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To those selling in these difficult times Part Deux. AKA sellers support network!

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Comments

  • NEH
    NEH Posts: 2,464 Forumite
    not_loaded wrote: »
    I don’t get the concept that when one person in a company is away, the job they do stops dead. In all my years (and that’s quite a lot) I’ve never worked anywhere where that would be thought a reasonable excuse.

    What would happen in the case of extended illness? A holiday followed by an ash cloud? (that could just happen…) Or maybe they up and leave the company altogether?

    I’d be ashamed to be in charge of a shambles like that.

    (oh, and then bill you lots of money for the ‘service’)

    I've worked in a Solicitors as a secretary and whilst there were a number of trainees, nearly new Solicitors and the jsut qualified it didn't help when the top ones kept disappearing...

    I think it's in a Solicitor's requistes that they must be able to disappear and perform magic acts like making important paperwork disappear! :D
  • Blodwen
    Blodwen Posts: 841 Forumite
    harz99 wrote: »
    There would appear to be three words "the expiry of" missing before mention of 14 days.

    I would be inclined to still give them 14 days written notice as you intended, ensuring that you quote that it is their required 14 days notice to cancel the sole agency contract, and is effective immediately.

    Then ask them to confirm in writing the date on which their sole agency expires. See what happens.
    I agree with harz99, write your letter (do it as a letter rather than email etc) stating exactly what you are doing (I hereby give my 14 days written notice to terminate my contract with yourselves for sole agency of my property......as per your requirement. This notice is to be effective immediately fromt the date of this letter. Kindly confirm your acceptance to the same and confirm the exact date of termination of my contract with yourselves. i look forward to hearing from you. etc etc etc words to that effect type of thing) and then leave the ball in their court to deny or accept your termination of contract

    Thanks both, I think I'll do as you suggest, can't hurt can it?!

    Re. Rightmove stats - I've never had any mention of them from useless EA but will be asking for them, thanks for the reminder
    2011: [STRIKE]Houses[/STRIKE], [STRIKE]weddings[/STRIKE], [STRIKE]cats[/STRIKE]
    2012: [STRIKE]Start renovating new house (aka open enormous can of worms)[/STRIKE] _pale_
    2013: [STRIKE]Lose weight[/STRIKE], [STRIKE]get fit[/STRIKE] and FINISH THE HOUSE!

    Weight loss - Apr '12 -Sept '13: 95lb
  • sonastin
    sonastin Posts: 3,210 Forumite
    Blodwen wrote: »
    I have a question for you lovely knowledgeable folks (especially those who have changed agent). I am looking around for a new EA for when our 16 week tie-in with current useless EA is up. I need to give 14 days notice and was planning to do so 14 days before the 16 weeks are up, but from what I've read elsewhere I can't give notice until 1 day after the 16 weeks. Does anybody have any experience of this? The exact contract wording is:

    The agent will act as sole agent in the sale of the property described above.
    (a) The agent will be sole agent for a minimum period of 16 weeks from the date of this agreement.
    (b) The agreement will continue after this 16 week period until unconditional contracts have been exchanged for the sale of the property or until 14 days written notice given by either party to the other to terminate the sole agency.

    Am quite possibly being dim here but slightly confused. Am hoping it won't become 18 weeks total as that takes us into October :eek: but suspect that may be the case and I'm guilty of wishful thinking! God knows why I signed upto 16 weeks in the first place *bangs head against wall*

    Thanks peeps! :)

    The way I read it... they get at least 16 weeks. and they get 14 days notice. so you can give 14 days notice at any time, but they still get at least 16 weeks. If they've had anything more than 14 weeks, they get 14 days from the date of your notice.

    I'd give the notice now (or soon) saying "Please take this as 14 days notice that I intend to terminate the agreement. In accordance with clause blah blah blah the agreement will terminate on xxx being 16 weeks from the date of agreement."

    If they wrote the terms, the ambiguity would be decided by the courts in your favour so as long as you set out your intention clearly they won't have any legs to stand on...
  • sonastin
    sonastin Posts: 3,210 Forumite
    NEH wrote: »
    I've worked in a Solicitors as a secretary and whilst there were a number of trainees, nearly new Solicitors and the jsut qualified it didn't help when the top ones kept disappearing...

    I think it's in a Solicitor's requistes that they must be able to disappear and perform magic acts like making important paperwork disappear! :D

    My solicitor is my bosses best mate and he's done some legal/property work for my company so I have every confidence in his ability. I've also been pleasantly surprised how far things have moved on each time I do get to speak to someone other than the receptionist. I think they are just allergic to the telephones over there! (But my boss did warn me that he can be a b*gger to get hold of sometimes so I should have been prepared for this)

    The thing is, over the last 2 years my boss has developed an uncanny knack of being out of the country every time the brown stuff has hit the fan at work so I've had all sorts of crises to handle on my own. Now his pal manages to disappear right when I need him to help me out to. Am I just paranoid or is this a conspiracy among the legal fraternity to make my life difficult? :D
  • not_loaded
    not_loaded Posts: 1,187 Forumite
    Part of the Furniture Combo Breaker
    sonastin wrote: »
    The way I read it... they get at least 16 weeks. and they get 14 days notice. so you can give 14 days notice at any time, but they still get at least 16 weeks. If they've had anything more than 14 weeks, they get 14 days from the date of your notice.
    I'd give the notice now (or soon) saying "Please take this as 14 days notice that I intend to terminate the agreement. In accordance with clause blah blah blah the agreement will terminate on xxx being 16 weeks from the date of agreement."
    If they wrote the terms, the ambiguity would be decided by the courts in your favour so as long as you set out your intention clearly they won't have any legs to stand on...
    I’m not sure it will work that way, but I suppose it’s worth a try.

    Don’t forget to keep a morning or afternoon free a day or two before the end of the notice period for the viewer or viewers they will mysteriously produce. (mates, or someone’s cousin, etc)

    They’ll do that to ensure you feel that you shouldn’t have given notice and “maybe you’d like to stick with us?
  • Blodwen
    Blodwen Posts: 841 Forumite
    not_loaded wrote: »
    I’m not sure it will work that way, but I suppose it’s worth a try.

    Don’t forget to keep a morning or afternoon free a day or two before the end of the notice period for the viewer or viewers they will mysteriously produce. (mates, or someone’s cousin, etc)

    They’ll do that to ensure you feel that you shouldn’t have given notice and “maybe you’d like to stick with us?

    Ooh you've got me worried now not_loaded! I think what you said earlier is right in that 16+2 was their intention, but I do think it is ambiguous enough to be taken the other way. I suppose 2 weeks doesn't make much difference but I wanted to try and make the most of the September/pre-xmas period with a new agent. I do expect them to suddenly pull viewers out of the bag - I am probably being paranoid but half-suspect that's what they've done all along as all viewings have been in the middle of they day while we're at work, which I thought was unusual, plus offer straight away from unknown couple who have no contact then pull out a week later just as mysteriously. I am going to ring them at lunchtime anyway to see if there are any updates or feedback, and ask for RM stats, so was also going to mention that I am planning to give notice to finish at 16 weeks and see if he says anything about it - should also give them a chance to buck their ideas up if they want me to stay with them (no way but I'll certainly let them try! :rotfl:)

    Thanks for your feedback everyone :)
    2011: [STRIKE]Houses[/STRIKE], [STRIKE]weddings[/STRIKE], [STRIKE]cats[/STRIKE]
    2012: [STRIKE]Start renovating new house (aka open enormous can of worms)[/STRIKE] _pale_
    2013: [STRIKE]Lose weight[/STRIKE], [STRIKE]get fit[/STRIKE] and FINISH THE HOUSE!

    Weight loss - Apr '12 -Sept '13: 95lb
  • inforeq
    inforeq Posts: 150 Forumite
    I need to blow off lots of steam.

    Pages upon pages have been written about a potential scam which was taking place by a company known as Investment Property Group

    Our house was advertised on many private add sites and we were approached by these people to act as our agent. An offer was placed by someone and duly accepted.

    Good you all may say, NOT GOOD!!! Initially we were asked for £1200 as a fee, pretty well much as you would pay an agent, only it was wanted upfront, eventually we haggled and it was agreed it would be paid on completion.

    Completion was never going to take place, the offices which they claimed to work from were never rented from Capital Offices, the proposed buyer never instructed his Solcitor that he was buying our property and the telephones at IPG are now not being answered.

    Many people have been stung by this company and paid their fees, We are the lucky ones, they were stringing us along so they could cream money off other people, we are just left with shredded neves and finger nails!
  • Chyna-s
    Chyna-s Posts: 3,108 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Not sure why you have posted this here when you have your own thread already on the subject and it seems many people did tell you to steer clear.
    Thank you all who post.
  • inforeq
    inforeq Posts: 150 Forumite
    Chyna-s wrote: »
    Not sure why you have posted this here when you have your own thread already on the subject and it seems many people did tell you to steer clear.


    This is an open forum and I can post where I want, so long as its the theme of the forum!

    Why are you posting on here, you aint helping anyone with your quips?
  • not_loaded
    not_loaded Posts: 1,187 Forumite
    Part of the Furniture Combo Breaker
    <YAAAWWWN!!!>

    Blodwen, I sympathise completely. You just need to be sure of your actions, and then carry them through. They will say (and possibly do) all sorts of things to try and keep the business.

    We got plenty of viewers and eventually sold through HouseNetwork, but currently it is the High Street EA (below us in the chain) who is wrecking the exchange process with his stupidity.
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