EA t's and C's Query

ocalllo

hi
we are just about to put our house on the market.
we got the EA's Contract today to sign and there is 1 point we are not sure about.
We are signing a 12 wk exclusive contract, one of the points is that at the end of the 12 wks even after giving the 2 wks writen notice we will have to pay all marketing expenses and reasonable additional costs if we leave this agent for another or take hse off market.
Is this normal?

thks

princeofpounds

No. Very cheeky.

All points in that contract are negotiable. Tell them you won't sign the contract unless it is struck out. They might refuse... or more likely they might ask for a longer marketing term. This is just a business transaction.

ocalllo

thks P. didn't think i was going to get any replies......i think it is unreasonable. They are in a win win situation!
Seeing them at 9am in the morning - all photo's etc have all been done and ready to go live by Thursday....reluctant to walk away at this stage but don't think this is a fair clause....like agreeing to write a blank cheque as it doesn't tell you what the figure would be!

googler

"reasonable additonal costs" ?!?!

What the ---- does that mean? A petrol allowance for viewings they did? Paper for the office photocopier? Print cartridges?

No, no..... this one's gotta go.

Advertising expenses is reasonable as long as it's the advertising specified in the contract and agreed to by you when you sign, but not the quotation above.... no.

G_M

PofP is right, but I would also refuse to agree to extend the contract. If you are not happy with them you do not want to be locked in for months. I'd even be reluctant to commit to 12 weeks!

But well spotted! So many people do not even read the contract, let alone query it.

ocalllo

thks guys - phew glad this is not normal.....will see how we go in the morning!!

ocalllo

well called into EA first thing this morning to discuss contract T's & C's, nobody 'deals' with contracts there so they called their other office...spoke to them but again person who 'deals' with contracts is out at viewing.
Gave number and requested call after 12pm....waiting...

We made the decision to sell - We have spent weeks getting the hse ready and now it seamd they are not that bothered about getting it on the market.....everyone tells us how great the hse is and definitely it will sell especially the area its in....but why won't they just get on with it!!

now having doubts about this EA but then thinking ARE THEY ALL THE SAME??
or are we just being over zealous and impatient??

ln1234

ocalllo wrote: »

well called into EA first thing this morning to discuss contract T's & C's, nobody 'deals' with contracts there so they called their other office...spoke to them but again person who 'deals' with contracts is out at viewing.
Gave number and requested call after 12pm....waiting...

We made the decision to sell - We have spent weeks getting the hse ready and now it seamd they are not that bothered about getting it on the market.....everyone tells us how great the hse is and definitely it will sell especially the area its in....but why won't they just get on with it!!

now having doubts about this EA but then thinking ARE THEY ALL THE SAME??
or are we just being over zealous and impatient??

So you decided to commit to this contract, even though you know the clause is unfair?

adg1

Its not a normal clause as others have said.

The thing I find most worrying is that no one at the agency seems to know their Ts and Cs or be willing to discuss them with the most important person on their books, the client. I know its probably a manager or valuers job to discuss fees and amendments with clients but the fact no one was willing to even try to help you would worry me slightly.

On your other point, not all EAs are the same. Make sure you list your house with the one who you feel will give you the best service and be the most likely to sell your house - don't base your decision solely on the fees.

ln1234 wrote: »

So you decided to commit to this contract, even though you know the clause is unfair?

No - probably just frustrated that no one at the EA seems willing to talk to OP about the clause/contracts after OP has spent so long getting their house ready for market.

ln1234

When we were buying our house, we had big problems with the estate agent and eventually had a communication breakdown. Accept that they will try to screw you over any which way they can, and try to make your situation watertight so you don't fall prey to any more of their tactics than they have to. If they are giving you hassle even before you've signed contracts, what makes you think they'll be any better afterward?

ocalllo

no we havn't signed anything yet.

we have gotten the photos and the floor plan taken, we are waiting for the info so we can sign it off - provided we have sorted out the contract first.

If we change now it will be more time wasting to start from scratch again....we just want it on the market.

Does it really matter what EA you use at the end of the day?
Won't the house be sold online anyway?
we jsut don't want to be ripped off in the process.