advice needed re estate agent

bea10

We currently have 2 properties to sell (one maisonette and one house) and at the beginning of Jan we instructed an estate agent to become our sole agent for both properties. We went with them as a family friend knows them and they have done us a brilliant deal of just 0.3%. All sounds great, but here's the issues - in almost 4 weeks we have had no viewers for the maisonette and only 1 for house. They no longer have their shop so are a couple working online from home. They used rightmove when we signed up but after a few days I noticed that our properties had disappeared from rightmove - they didn't bother to tell us and their answer was that they have a better deal with another portal! Everyone uses rightmove, right?!
We now have no confidence in them selling our properties. Yes, we realise the market is slow but something just doesn't sit right in my opinion. We signed the contracts which are for sole agency for a mimimum of 12 weeks. We really don't want to be on the market with them for that long now we know all of this. Is there any way we could get out of the contract before then? Surely the whole rightmove instance would be enough to terminate? Any advice would be much appreciated. Thanks in advance

[Deleted User]

You need to read the contract. Did it say the properties woud be advertised in Rightmove? You can only get out of the contract if they are in breach of it.

Johnandabby

You would need to review what the contract says in terms of their responsibilities. It should say in the contract what they will be doing for you - if they aren't doing this then I would have thought you would be able to get out of the contract. 0.3% is really low - my opinion of estate agents is fairly low, but I don't see how anyone can do it for that low!

There are other property websites that are popular - you need to check whether rightmove is specifically mentioned in the contract, or whether it says just a 'property website'

bea10

Difficult one as in the contract it doesn't say about being on any property portal but they have the rightmove logo and a couple of others on their headed paper and contract so you would assume your property would be on there. Our properties were on there for a few days then disappeared. They are nopw on a portal that isn't on the agents headed paper.
I guess we will just have to wait it out until the 12 weeks is up, just such a waste of time

G_M

I would think that having the Rightmove logo on their contract document is an implied, if not express, contract term. I would certainly assume this, and I suspect a court would too.

So write them giving them two options:
a) place your property on Rightmove within 5 working days as required by their contract's use of the logo or
b) agree to cancel the sole agency agreement immediately without any notice or penalty

bea10

I will certainly try this. Thank you