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Changing Estate Agent

Hi, I need a little help to clarify something.

We've had our house on for 5 weeks (on a 12 week agreement) and have decided to change EA.

Contacting our agent we've been told we can't end the agreement until the 12 weeks are up. It's not entirely clear in the agreement terms but we had understood we could give notice of 2 weeks. Is that right?

If we withdraw the property from the market doesn't that mean the contract is ended? Do you also need to wait a certain amount of time to put it back on the market with a different egent?
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Comments

  • GAH
    GAH Posts: 1,034 Forumite
    You can ask the agent to stop marketing your home, but you can't start marketing your home with an another agent withing the remaining term of your contract at the moment. So if you really do want to change agents, you are going to have to wait 7 weeks to do so.

    If you are going to take your home off, best check the small print of your terms to see if they have a marketing fee or withdrawl fee as well.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If you could give 2 wks notice at any time, it wouldn't be a 12-week agreement...

    12-week agreement implies to me that you agreed to allow this agent to market your property for a minimum period of 12 weeks, and you can give them a minimum of 2 weeks notice (i.e. at the 10 week point or before) that you wish to end the agreement at the 12 week point, or, after the 12 weeks are up, give them 2 weeks notice at any point.

    5 weeks is nothing, when there's houses out there that have been for sale for months, sometimes years.
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I have just done this with a flat I am selling. With my current agent I took out an 8 week agreement. This means I cannot list it with another agent within that 8 week period. At any time including after the eight week period I have to give 2 weeks notice by letter or email. I have just done this today!
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    googler wrote: »
    If you could give 2 wks notice at any time, it wouldn't be a 12-week agreement...

    12-week agreement implies to me that you agreed to allow this agent to market your property for a minimum period of 12 weeks, and you can give them a minimum of 2 weeks notice (i.e. at the 10 week point or before) that you wish to end the agreement at the 12 week point, or, after the 12 weeks are up, give them 2 weeks notice at any point.

    5 weeks is nothing, when there's houses out there that have been for sale for months, sometimes years.

    I totally disagree that 5 weeks is nothing, 5 weeks is quite enough to find out if the way the agency works is suitable to you. On reflection I picked the wrong agency, it is large, has 22 people working in the office and the right hand does not know what the left is doing.
    I need a small agency who if I phone someone will know about my property or at least someone will phone back within 24 hours, at my current agency I was told on Monday morning someone would phone back, it is now Friday afternoon and no call. This is not the first time this has happened.
    In 5 weeks there has been 5 viewers but all the viewers will be registered with all the agents. I have asked for a list of viewers names so there is no comeback if I sell, if its a viewer from the first agency they get the fee.
    I think 8 weeks is enough to find out whether you get on with an agent, of course it may not be enough to sell a property!
  • Riq
    Riq Posts: 10,430 Forumite
    Doesn't matter what you think or your opinion, you are locked in for 12 weeks whether you like it or not.
    "I'm not from around here, I have my own customs"
    For confirmation: No, I'm not a 40 year old woman, I'm a 26 year old bloke!
  • Thanks for all your replies, that makes sense even if (sadly) this wasn't explained clearly enough.

    We know 5 weeks isn't a long time in selling a house but it is long enough to get an idea of how competent an agent is, shame really.
  • centretap
    centretap Posts: 164 Forumite
    I'd consider giving them written notice now that you will be ending your contract with them when the twelve weeks are up. It might just make them pull their finger out for the remaining seven weeks.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    graham_ wrote: »

    Contacting our agent we've been told we can't end the agreement until the 12 weeks are up. It's not entirely clear in the agreement terms but we had understood we could give notice of 2 weeks. Is that right?
    It could be a 12 week agreement with rights to cancel in term, it could be a 12 week agreement with no rights to cancel in term. It all depends on which words are in the agreement and the order in which they appear. If you post the relevant sections, you might get a direct answer.
    centretap wrote: »
    I'd consider giving them written notice now that you will be ending your contract with them when the twelve weeks are up. It might just make them pull their finger out for the remaining seven weeks.
    Either that, or they will kick it into the long grass. One or the other.
    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
  • The section says:

    either party may end this Agreement on or after the Period by giving the other party two weeks notice (to terminate at the end of the Period notice must be given two weeks prior to the end of the Period)
  • flora48
    flora48 Posts: 644 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    edited 6 August 2011 at 12:47PM
    Sit out your 12 week contract and then change agent or instuct another on a multi agency basis. Agents don't like this but it made ours jump into gear. To be fair though, not much is shifting in this current economic climate so will another agent do any better?

    Check their terms before signing anything some agents are now charging a marketing fee, we paid £350, upfront to be deducted on completion.
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