Help for Getting rid of estate agent?

hazyjo

But you had 4 viewers through them and they advertised it in the paper?! Surely you'd have said, 'Whoa... I didn't agree to you marketing my property!'.

Had they left a copy of the contract with you?

Jx

jasperb182

DVardysShadow wrote: »

Ah, the spoilt child argument. Off to bed with yourself and no supper.

Your problem is proving that the neighbour knew. If the neighbour had expressed any interest, you should have told the agent as part of your contract discussions. Even better, you should have got yourself an offer in writing from the neighbour and told the agent that they need to beat that offer by at least their own fee.

You are not an ESTAE AGENT are you??????

jasperb182

hazyjo wrote: »

But you had 4 viewers through them and they advertised it in the paper?! Surely you'd have said, 'Whoa... I didn't agree to you marketing my property!'.

Had they left a copy of the contract with you?

Jx

I got the contract in the post after the viewings

It all happened a bit fast if you know what I mean!

Gra76

I then spoke to the estate agent about putting it on the market I then had 4 people view the propert and an add was placed in the paper

So you expected an EA to put an advert in the paper for free? I'm pretty sure EA's don't just do it on a whim, I'd hazard a guess that you instructed them to do it. If you did then they have acted on your behalf. The fact that your neighbour is the one asking about your house really isn't very relevant. The time for them to tell you they were interested was before you instructed the EA to put an advert in the paper. Time to pay up I'd say.

I did not agreed to a contract or discuss terms ont he phone.

Maybe naivity played a part here? Did you not think to ask "How much will it cost?" at any point when you were telling them to market your house and put an advert in the paper?

hazyjo

jasperb182 wrote: »

I got the contract in the post after the viewings

It all happened a bit fast if you know what I mean!

Then that's good, surely. If they're fast, and getting viewers round, they're doing what they're meant to.

They must have told you their fee, surely? And measured up, prepared details, you approved them, etc...

Jx

jasperb182

They would of course discussed fees, and what they could offer me and they are in sales mode at the moment, trying to get me as a client, but what they say and what’s on the contract could be different. My thinking was, until I agree to all the little terms a conditions which means signing, I am not committed.

Have another question. So for argument sake, let’s say my contract is for 8 weeks and then it ends(8 weeks later). I decide not to renew with them and go elsewhere (another EA or Sell privately whatever) surely the old EA couldn’t could also clam for fees as well as the new.

Emmzi

If you didn't want to be committed you should have said "no! don;t send me the viewers!"

Your actions have committed you.

Old EA sends new EA a list of people they introduced so the fees can go to the right person.

And yes, EAs do go to court over this kind of thing.

Gra76

The second you instructed them to advertise your house was the second you commited. You should have sorted out what it was going to cost you beforehand.

DVardysShadow

jasperb182 wrote: »

They would of course discussed fees, and what they could offer me and they are in sales mode at the moment, trying to get me as a client, but what they say and what’s on the contract could be different. My thinking was, until I agree to all the little terms a conditions which means signing, I am not committed.

Have another question. So for argument sake, let’s say my contract is for 8 weeks and then it ends(8 weeks later). I decide not to renew with them and go elsewhere (another EA or Sell privately whatever) surely the old EA couldn’t could also clam for fees as well as the new.

No, you are in the position of not having signed a written contract, but you have a verbal contract. Normally, the problem with enforcing a verbal contract is evidence that a contract was formed. But not in your case. There is some text book stuff about when a contract is formed, which I CBA to look up - however, essentially, you have shown acceptance of the contract by accepting the 4 viewers. It is more than enough evidence to stack up in court as to the existence of a verbal contract

jasperb182

One more question for all you seasoned pros.

what is the point in a contract if it dont seem to mean any anything?