Estate Agent Changed Contract Without Our Knowledge or Agreement!!

olgadapolga

Quick update - took some legal advice who basically agreed with you guys, that the EA had breached the contract therefore it was no longer valid - wrote and told them and have now got rid of them, even though they don't seem to have got the point about the contract not being valid, and have writtten telling us that, under the terms of the contract, should we sell within six months to certain individuals "introduced" by them then we'll have to pay their commission. Yeah, right. I don't think so.

May see them in the small claims court then!!

Thanks for the help.

tiggerjj

olgadapolga wrote: »

Quick update - took some legal advice who basically agreed with you guys, that the EA had breached the contract therefore it was no longer valid - wrote and told them and have now got rid of them, even though they don't seem to have got the point about the contract not being valid, and have writtten telling us that, under the terms of the contract, should we sell within six months to certain individuals "introduced" by them then we'll have to pay their commission. Yeah, right. I don't think so.

May see them in the small claims court then!!

Thanks for the help.

If they have introduced a buyer to you, they are due the commission.

Request from them a list of buyers they claim to have introduced. Then give this list to the new EA, then everyone knows who was introduced by who and hopefully this will avoid claims by old EA further down the line

sonastin

olgadapolga wrote: »

Quick update - took some legal advice who basically agreed with you guys, that the EA had breached the contract therefore it was no longer valid - wrote and told them and have now got rid of them, even though they don't seem to have got the point about the contract not being valid, and have writtten telling us that, under the terms of the contract, should we sell within six months to certain individuals "introduced" by them then we'll have to pay their commission. Yeah, right. I don't think so.

May see them in the small claims court then!!

Thanks for the help.

Thanks for the update. Glad to hear you're rid of them. Hopefully they'll get the message before you end up in court!

olgadapolga

And still it goes on . . . . they're persistent, I'll give them that!

Received their letter on 10th Sept stating that our instruction had been cancelled.

But they have continued marketing our home! I had to tell them to come and get their "For Sale" sign twice (the second time to their head office, it was collected within the hour), it's still in their office window and it's in the local paper this week! I have told them FOUR times to stop (three times to their head office) and still they continue.

Surely they cannot continue to market our home when they don't have permission?

Ulfar

If they haven't got keys then whats the issue its not like they can let themselves in. If they contact you refuse to do business or discuss any potential buyers. This way even if a prospective buyer goes to them first before going to your new agent no introduction has been made.

They are stuffed anyway as the contract was voided by their actions, but this way if they were to take you to court they would have even less than no legs to stand on.

DVardysShadow

olgadapolga wrote: »

And still it goes on . . . . they're persistent, I'll give them that!

Received their letter on 10th Sept stating that our instruction had been cancelled.

But they have continued marketing our home! I had to tell them to come and get their "For Sale" sign twice (the second time to their head office, it was collected within the hour), it's still in their office window and it's in the local paper this week! I have told them FOUR times to stop (three times to their head office) and still they continue.

Surely they cannot continue to market our home when they don't have permission?

Send a mystery buyer friend around, who has seen yours in the window and wants to view. Play it all the way through to them phoning you for a viewing - if it gets that far. It would be interesting to know how they are dealing with queries about your house.

Only after that go into their office and take the picture of yours down. :rotfl::rotfl::rotfl: