mis-sold by estate agent

baron777red

we put our house on the market 3 months ago with a local agent called the property shop, we got 3 quotes and there's was the only one with no upfront or exit fees, or so i thought!!

we signed up to a sole agency agreement for 12 weeks on 18th march, and are not happy with the service were getting, so i spoke to them and said im going to change agents, and they told me there is a fee of £95 for taking it off the market. althought this is in the contract i was not told about this at the start, have they mis-sold to me?

we could go multiple agency to avoid paying this fee but, they said that their fees will go up if we instruct another agent,

i'm really annoyed, i wont go into detail about the problems we have had with them, but i really need to change agents.

i know i should have checked the contract but i trusted that they were being honest with me

do i have a case for not paying this fee as i have been mis-sold

thanks

colin

princessamy86

If you didn't read the contract and then you signed it, then no, you don't have a case. It's up to you to read the contract before you sign it. Sorry.

chickmug

I doubt any agent in their right mind would pursue you for £95.

But as last poster said you need to read before signing and so if went to court you may lose.

googler

If they are OEA or NAEA members, they should have given you a copy of the contract to take away.

Even if they aren't, they should have given you a copy ....

As previous posters said, you signed a legally binding contract without reading it.

You say the EA didn't mention the cancellation fee, but what would you have them do? Read the whole contract out loud to you from start to finish?

00ec25

sorry but weight of law and opinion very much against you, they have not mis-sold anything, you did not read the contract so you have no come back against a charge clearly set out in said contract

if you go multi agancy you will find the contract also clearly sets out their (increased?) fees for you so doing

Pee

Read the small print. You said the others you approached had similiar fees, so you were aware cancellation fees were common place in the industry... Times are quet for estate agents, they might chase you... I doubt it though.

chickmug

This is taken from your agents web site - first line looks a bit damning for them?

---

Or is it because...
• We offer competitive fees for selling - remember, NO SALE - NO FEE!
• We assist local developers selling NEW HOMES
• We sell houses in your area

baron777red

thanks chickmug, i will be pointing this out to them..

i understand what everyone is saying about reading the contract before signing, i suppose im too trusting
is too much to ask for a bit of honestly?

real1314

You say it was a sole agency agreement for 12 weeks from 18/03/09, but that would have run out by now.
How long does the agreement say it runs for?

Bob_the_Saver

Small print may be small so that you don't read it, but it's still there. I bought stronger specs1

Fire_Fox

You told the estate agents you definitely wanted to sell your house. Is it dishonest of you to want to take it off the market just a few weeks later?