Estate agent refusing to accept termination of services

Jaynorth_2

Hi

I signed up with an estate agent about 8 weeks ago to sell my property. The contract was for a sole agency agreement of 6 weeks and stated that termination of services could be requested at any time but with 28 days notice and it must be in writing.

After signing up with the agent I noticed that they were dragging their feet over producing and uploading my property details to the websites (it took them over 2 weeks..) so in the 2nd week I wrote them a letter stating that I would be terminating their services at the end of the sole agency period. This seemed to do the trick and they stopped dragging their feet and things started moving. Unfortunately, I only received 2 viewings and this was after I called them up and hassled them so I asked for feedback and they suggested I drop my asking price by 5k which I did but still no viewings so 2 weeks ago as we were approaching the end of their sole agency period I went in to see the branch manager so that we could review the situation and address it.

He showed me samples of similar properties in the area that he claimed he had sold recently even though I have checked on rightmove and they are still up for sale with no STC sticker. We agreed to review the situation again in 2 weeks, so last week I tried contacting him and it was obvious that he was avoiding me, with me leaving messages and not receiving a call back, so I decided to terminate their services only for the agent to come back to me and say that I need to give 28 days notice and claiming that he did not receive my letter last month which clearly stated that I would not be using their services beyond their sole agency period.

Is there anything I can do or do I have to leave the sale of my property in their incompetent hands for the next month?

cattie

Not sure if I'm reading your post correctly, only the way you explain it, you gave them notice but then went in to review the situation and gave them a 2nd chance and now want to cancel again because you are dissatisfied?

If this isn't correct, did you take a copy of the original letter of notice you sent them?

Jaynorth_2

I went in before the end of the notice period to review the situation to give them a chance to improve and no I did not take a copy of the original letter.

AlexMac

I suspect they're feeling desperate due to the slow market (but hey- why should you feel pity for an estate agent!). I'd just take a few more agent's prices, choose a replacement who looks like they will deliver (or, select another agent from the 2-3 who I assume you invited in before selecting the current one?), tell the new agent that the old one is pushing his luck and subject to the new agent's advice, repeat in writing or email to the original agent that you served them notice in writing at the end of the initial 6-week sole agency on the grounds of failure to perform/inform. You could usefully copy this letter to the new agent. The new agent will need to know there is a potential dispute, as if you were to brief 2 agents they would usually share the sellers commission even if only one of them did any work. That's the last thing the new agent will want so they may even help you sort it out. So as always,open-ness and honesty is the best policy

Jaynorth_2

Yes desperate and bitter because what can they do in 4 weeks that they could not do in 7? I am speaking to another agent this evening and he is aware of the old agent, infact he was suggesting a dual agency agreement because he felt it would give him an opportunity to 'wipe the floor' with the other agent but I am just so disappointed with them and the whole avoiding my phone call thing was just the last straw.

DVardysShadow

You need to read your agreement carefully. If the agreement was just for 6 weeks, then once the six weeks is up, you are out of it. But the contract could contain provision for continuation or specify that notice must be given even after the 6 weeks. In which case you are still due to give full notice.

If ever you reach the stage of giving notice but agreeing to continue, you should be specific and state what the notice period is which you are allowing them.

Don't forget to ask them in writing for a list of all viewers they would claim commission for - to be sent within 14 days. And keep a copy of your letter.

Jaynorth_2

DVardysShadow wrote: »

You need to read your agreement carefully. If the agreement was just for 6 weeks, then once the six weeks is up, you are out of it. But the contract could contain provision for continuation or specify that notice must be given even after the 6 weeks. In which case you are still due to give full notice.

If ever you reach the stage of giving notice but agreeing to continue, you should be specific and state what the notice period is which you are allowing them.

Don't forget to ask them in writing for a list of all viewers they would claim commission for - to be sent within 14 days. And keep a copy of your letter.

But I did give notice within the 6 week period which is allowed within the contract and the contract does state that you have to give written notice if you want to end the agreement within the sole agency period or even after the period has lapsed when you are just continuing to market your property through them. So either way a written notice is required if you want to stop using their services and 28 days is the required notice which I gave them when I wrote the letter last month.

I cannot believe they are just trying to behave like b*****ds and it just proves I was right to stop using them.

googler

As someone said earlier, it's unclear whether you intended to rescind giving notice when you and the agent decided to 'give it another two weeks and review it then' - or whether the EA was left with this impression - or both.

G_M

The problem is the lack of evidence.

You gave them written notice, but have no Royal Mail 'proof of posting' and not even your own copy of the letter (did you write it on computer? Might it be on your hard drive somewhere....?)

Therefore the risk is that you employ a new agent, who finds you a buyer, and the old agent sends you a bill claiming you still have a sole agency contract with them.

jjlandlord

Notice or no notice, if you are no longer within the sole agency period, I believe that they can no longer claim anything from you should you sell to someone introduced by another agency.
If they still work for you, you should just be liable for the work carried out, subject to the terms of your contract.

G_M

jjlandlord wrote: »

Notice or no notice, if you are no longer within the sole agency period, I believe that they can no longer claim anything from you should you sell to someone introduced by another agency.
If they still work for you, you should just be liable for the work carried out, subject to the terms of your contract.

Generally the 'period' mentioned in a sole agency contract is a minimum period. The sole agency agreement will continue until terminated by one side or the other in accordance with the terms of the agreement (ie in this case 28 days notice).