EA fees

estherht

Thanks for your comments - I've had a look at the contract and there is something in there about a £150 fee 'if we decide to terminate their agency or withdraw our instruction to market our property.'

I am confused though - if the agreement is for 16 weeks, and we have terminated the agreement after 16 weeks, is the fee still payable?

On the front of our agreement, the agent has written 'no sale, no fee'.

Any thoughts?

googler

estherht wrote: »

Thanks for your comments - I've had a look at the contract and there is something in there about a £150 fee 'if we decide to terminate their agency or withdraw our instruction to market our property.'

I am confused though - if the agreement is for 16 weeks, and we have terminated the agreement after 16 weeks, is the fee still payable?

You have withdrawn your instruction, therefore £150 is due to the agency, I'd say.

Is the agreement for a minimum of 16 weeks, with no specific end-date?

G_M

estherht wrote: »

Thanks for your comments - I've had a look at the contract and there is something in there about a £150 fee 'if we decide to terminate their agency or withdraw our instruction to market our property.'

I am confused though - if the agreement is for 16 weeks, and we have terminated the agreement after 16 weeks, is the fee still payable?

On the front of our agreement, the agent has written 'no sale, no fee'.

Any thoughts?

Without seeing the precise wording I would guess the £150 is payable if you withdraw your instruction within the 16 weeks. There is often also a requirement to give 2 weeks notice (ie at the 14 week point).

If you withdraw (giving the requisit notice) after 16 weeks I doubt the fee is enforcible.

If it is, an alternative would be to leave he property on the market with them but tell them you wish to raise the asking price by.... £50,000. That should effectively remove the property from the market!

sonastin

G_M wrote: »

If it is, an alternative would be to leave he property on the market with them but tell them you wish to raise the asking price by.... £50,000. That should effectively remove the property from the market!

Alternatively (or as well as), refuse all viewings until they realise that you aren't going to let them sell the house.

I guess it means you can't sell through anyone else either though until you break them - which could take a looooooooooooong time. How desperate are you to save £150 and how desperate are you to sell? The childish, spiteful part of my personality would make me put my life on hold to make theirs difficult but that isn't for everyone!

MegaMiniMouse

sonastin wrote: »

Alternatively (or as well as), refuse all viewings until they realise that you aren't going to let them sell the house

Umm, I may be wrong (I very often am...) but if your agreement was for sole agency, and the cancellation fee is £150, then they will not sue you for the £150 - they will wait until you sell it, and then sue you for the 2%/4% (whatever) of the purchase price as agreed under your sole agency agreement

MMM