Ending an Estate Agents Agreement

concept

I am in 14 week sole selling rights contract with an EA.
The contract states the following for the Cancellation Procedure

Quote
If you wish to cancel this agreement after the agreed Agency period, we require 21
Days written notice
Unquote

To me it is very ambiguous.
As the client I read it that I can give 21 days written notice which can take effect if I wanted to time it so, to 1 day after the 14 week period ends.

The Agent who wants the contract in his favour says that the 21 days notice can only commence from 1 day after the 14 week period notice ends.

In my opinion it does not state in certain terms that the 21 days notice can only commence after the 14 week period ends.

Why if I arrive at the end of the contract period then it is over so there is nothing then to cancel, so why would I then give 21 days notice? It's already over.

Now, if I want to cancel during the period then, yes, there is 21 days notice and this, of course, can only be during the contract period.

All very confusing and seems tricky to me.

Can anybody enlighten me please?

Xbigman

It sounds like they are trying it on. Send them a letter 25+ days before the 14week period ends, recorded delivery, giving them the 21 days notice.
They may not want to accept it but after the letter is sent just ignore them. The agreement is not clearly worded and even if it was those sorts of terms are rarely enforcable in law.
Regards



X

Xbigman

It sounds like they are trying it on. Send them a letter 25+ days before the 14week period ends, recorded delivery, giving them the 21 days notice.
They may not want to accept it but after the letter is sent just ignore them. The agreement is not clearly worded and even if it was those sorts of terms are rarely enforcable in law.
Regards



X

pawpurrs

Most decent agents will not hold you to a contract, after all who wants a vendor that doesnt want to be with them, you can allways say that if they wont let you out of the contract you will just refuse any viewings from them anyway.

I never held any one to a contract, its silly and if you are working hard for the client they dont normally want to leave.

concept

Thanks

I think the 21 days notice will not be an issue now as the contract states quote I will be liable to pay fees if unconditional contracts for the sale of the property are exchanged in the period during which we have sole selling rights even if the purchaser was not found by us but by another agent unquote

If I go to another agent immediateley the 14 week period ends it will be highly unlikely that I will be introduced to a buyer that will be able to exchange contracts within the 21 days notice period.

This is another clause that is unclear because in order to be clear I would have thought it should have stated that I would have been liable for fees 'if at any time' unconditional contracts are exchanged.

Am I missing something here because my Agent is a subsidiary of a Multi National Company whose lawyers surely carefully check the wording of their contracts.