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Estate Agent Breach of Contract

Quick and simple problem. House sold under a sole agency agreement.

The next day the Estate Agent issued a "flyer" to about 50 nearby properties in which our property was pictured.

The flyer states SOLD IN YOUR AREA and continues on with note about buyers waiting who have missed out etc etc.

Our written compliant has been acknowledged by the Estate Agent. They have admitted the should not have issued the flyer as permission was not obtained. No offer of compensation has been made.

I accept the sole agency fee should be paid as the Estate Agent introduced the buyer. However should I be entitled to compensation as we specifically request no publicity.

Thanks
«1

Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    I suppose the correct thing for them to do is send another flyer around, apologising for having breached your request of no publicity. :rotfl::rotfl::rotfl:

    It is of course counterproductive, but the idea sets a top limit on the amount of compo as being the amount above which they would prefer to distribute the new flyer.
    10% to 20% of fee? £500? Who knows.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I wish everyone's problems were this trivial.

    (Apologises quickly and leaves)
    Everything that is supposed to be in heaven is already here on earth.
  • hcb42
    hcb42 Posts: 5,962 Forumite
    how were you planning to sell it without publicity?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    swanny65 wrote: »
    Quick and simple problem. House sold under a sole agency agreement. Irrelevant.

    The next day the Estate Agent issued a "flyer" to about 50 nearby properties in which our property was pictured. And the problem is....?

    The flyer states SOLD IN YOUR AREA and continues on with note about buyers waiting who have missed out etc etc. Sounds OK so far.

    Our written compliant has been acknowledged by the Estate Agent. They have admitted the should not have issued the flyer as permission was not obtained. No offer of compensation has been made. Surprise!

    I accept the sole agency fee should be paid as the Estate Agent introduced the buyer.Errr.... Yeah. However should I be entitled to compensation as we specifically request no publicity.

    Thanks

    A) Surely by signing a sole agency agreement you agreed to the sale of your property being publicised? That's basically what agents do.
    B) What is the value of the loss you have suffered fo which you seek compensation?
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    swanny65 wrote: »
    House sold under a sole agency agreement.

    The next day the Estate Agent issued a "flyer" to about 50 nearby properties in which our property was pictured.

    The flyer states SOLD IN YOUR AREA and continues on with note about buyers waiting who have missed out etc etc.

    However should I be entitled to compensation as we specifically request no publicity.

    Why do you care? You've sold your house and you're moving elsewhere.

    I don't get the 'request no publicity' line - you asked the agent to sell your house without publicising the fact?
  • mandi
    mandi Posts: 11,932 Forumite
    Part of the Furniture Combo Breaker Stoptober Survivor
    Umph . There is no pleasing some people , Sorry Op,

    Mountains & mole hills spring to mind :)
  • swanny65
    swanny65 Posts: 345 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    mandi wrote: »
    Umph . There is no pleasing some people , Sorry Op,

    Mountains & mole hills spring to mind :)

    Just an example of the sharp practice used by Estate Agents. Cant be bothered to wait until the sale has completed to send the flyer, when it would be public record at Land Registry.

    To all Estate Agents who took up your valuable weekend time to reply a big thank you and Happy Easter.

    A little surprised so many of you are dedicated users of the website.
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    weirdo.gif
    Everything that is supposed to be in heaven is already here on earth.
  • ILW
    ILW Posts: 18,333 Forumite
    swanny65 wrote: »
    Just an example of the sharp practice used by Estate Agents. Cant be bothered to wait until the sale has completed to send the flyer, when it would be public record at Land Registry.

    To all Estate Agents who took up your valuable weekend time to reply a big thank you and Happy Easter.

    A little surprised so many of you are dedicated users of the website.

    What is the loss that you require compensating for?
  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    Doozergirl wrote: »
    weirdo.gif

    You're not wrong there! :)
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