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Estate Agent Breach of Contract

swanny65
Posts: 345 Forumite


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
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
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Comments
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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 ForumTeam0 -
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.
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how were you planning to sell it without publicity?0
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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.What is the value of the loss you have suffered fo which you seek compensation?
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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?0 -
Umph . There is no pleasing some people , Sorry Op,
Mountains & mole hills spring to mind0 -
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.0 -
Everything that is supposed to be in heaven is already here on earth.
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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?0 -
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