Joint Mortgage - only one signature on the contract

moneybunny123

Our house is currently on the market with an estate agent, but on the contract only MY signature appears (my hubby was at work when the estate agent visited).

(A previous EA that we'd used INSISTED that BOTH signatures were required, but this one didn't ask).

There is now a discrepancy where the EA are trying to claim their fee despite us arranging the sale ourselves. We're wondering if we can claim that the contract is void because it doesn't feature my husband's signature - despite it also being his house! It also doesn't contain the EA's signature where forms of ID were witnessed.

Thanks in advance.

DVardysShadow

All the lack of your OH's signature means is that he is not jointly and severally liable with you for the fee. You must pay it all yourself.

It is a bit distasteful confusing money saving with grubby attempts to wriggle out of contracts. If you were not happy that your OH had not signed, you should have stopped the EA until this issue was rectified. If you were happy to let them continue, then the whole contract should stand.

ILW

What is your reason for not thinking you should pay, apart from the signature issue?

moneybunny123

The signature issue isn't really what's concerning me (although if it made the contract nul and void I'd be happy).

Our home was previously up for sale with another agent who sent an interested couple round. They made an offer, we turned it down. We are no longer with this agent, and their 6 month tie-in period has ended. Due to a change in our circumstances, we are now able to accept a lower offer and so decided to get in touch with said couple (via facebook). Our current agents have had no involvement with negotiations, and we have done it all ourself. However, our EA has caught wind of this and is now demanding a fee. We've read the contract and I can't see how they can claim anything as they neither introduced the couple nor have been involved with any negotiations - EXCEPT for yesterday, when they caught wind of what was going on and started trying to take over (i.e. making calls between us and the buyer, and arranging for the surveyor to come round - despite it not being on our instruction to do so)

ILW

How did the agent call your buyer if they had no connection with them.

Is your agreement sole agency?

TrickyDicky101

Firstly, check that your contract specifically says the agency only have "Sole Agency" rights and not "Sole Selling".

kingstreet

Third thread on this subject;-

https://forums.moneysavingexpert.com/discussion/comment/43067140#Comment_43067140

https://forums.moneysavingexpert.com/discussion/3191424

If you keep to one thread, we can look back over the previous posts to see what is developing and build on earlier advice.

When you approached agent 2 to tell them a buyer introduced by agent 1 had resurfaced, what happened?

moneybunny123

ILW wrote: »

How did the agent call your buyer if they had no connection with them.

Is your agreement sole agency?

The buyer's surveyor got in touch with the agent to arrange a valuation on our property - despite the buyers telling the bank/solicitor/everyone else involved at their end that they were dealing direct with US and not the agents. Our EA then got their name/number from the solicitor.

moneybunny123

TrickyDicky101 wrote: »

Firstly, check that your contract specifically says the agency only have "Sole Agency" rights and not "Sole Selling".

Definitely says sole agency and NOT sole selling.

moneybunny123

kingstreet wrote: »

Third thread on this subject;-

https://forums.moneysavingexpert.com/discussion/comment/43067140#Comment_43067140

https://forums.moneysavingexpert.com/discussion/3191424

If you keep to one thread, we can look back over the previous posts to see what is developing and build on earlier advice.

When you approached agent 2 to tell them a buyer introduced by agent 1 had resurfaced, what happened?

We didn't tell Agent 2 that we'd contacted the buyer. What business is it of theirs? Don't we have a right to try and sell our own home? Especially as Agent 2 has done NAFF ALL to try and sell it for us.

DVardysShadow

moneybunny123 wrote: »

The buyer's surveyor got in touch with the agent to arrange a valuation on our property - despite the buyers telling the bank/solicitor/everyone else involved at their end that they were dealing direct with US and not the agents. Our EA then got their name/number from the solicitor.

So the agent you had sacked contacted you to arrange the appointment? Did they pretend to b the surveyor? What did you do?

[PS, much easier for your readers to stick to the one thread.]