Estate Agent Problem - Do I Have Any Comeback?

Lizardland

Hi,

my house has been up for sale with the local estate agent for the last couple of months. I've not been happy with them so thought I'd swap to another. New estate agent came round last week, measured up and did the photos and went off saying she'd send the draft brochure for approval and all the forms and agreements for signing. At this point I have NOT signed anything with them nor made any agreements.

On Saturday I had my final viewing with the old estate agent. Guy came round, looked at the house then put in an offer. But then he went round the other agencies and saw my house advertised in the new company's window for £10k less than he has bid. He then withdrew his bid.

As I've said, I haven't signed up with the new estate agent yet they have gone ahead and advertised the house without my agreement. Is this legal? They have also cost me the sale, do I have any ground for compensation? Is there any regulatory body/ombudsman for estate agents that I can make a complaint to? Do I even have any grounds for a complaint?

Any advice much appreciated.

Cheers,

Stuart

lynzpower

try trading standards in the first instance

Majik

http://www.oea.co.uk/

Get hold of them. Have you informed the second estate agents how unhappy you are?

http://www.oea.co.uk/make_complaint_sales.htm

This is interesting reading...

Majik

Lizardland

Ta for that, I've already been looking at the OEA.

I haven't spoken to the new estate agent yet, I've been sorting things out with the old estate agent. That was entertaining, I asked the old EA if he would match the new one's fees (1.25% as opposed to 1.5%), he replied "let's sell the house first then we can discuss fees". Told him that wasn't good enough so then he told me was taking the house off and hung up. Ten minutes later his assistant calls to tell me there is a two week notice period to cancel... After he has told me to take the house off? Well, that's another stamp

Unfortunately, the old company isn't a member of either OEA or NAEA.

Cheers,

Stuart

MustStopSpending

If you were happy to drop the price with the second agent perhaps you should get your first agent to see if the buyer would still buy it for the lesser amount. A lower buyer is better than no buyer in some cases. It is often the case that if a property stays on the market for a long time it may be over priced.

Good luck!

MustStopSpending

Lizardland wrote: »

"let's sell the house first then we can discuss fees".

Wise move to say it wasn't good enough, always agree terms first!

Tiger_greeneyes

Lizardland wrote: »

As I've said, I haven't signed up with the new estate agent yet they have gone ahead and advertised the house without my agreement.

This used to happen a lot more in the 80's and 90's. Estate agents would take photos of random nice properties and advertise them for sale in their windows to generate more interest. When people enquired about the property they would be told it had sold but the window hadn't been updated. Also, the agents would erect a for sale board at a block of flats - nobody would question it because there would be so many flats in the block that any one of them could have been on the market. Again it would generate more calls to the agent. I used to work in a reputable estate agents as a secretary - I used to hear all about the tricks that the more unscrupulous agents used.

These days with governing bodies about it's less prevalent. However, if an agency isn't a member, then trading standards is the first port of call. Do you have legal cover on your household insurance? If so, it won't hurt to call them for advice.

benood

Bit of a muddle.

I think that the new agent was acting in fairly good faith - perhaps assumed that it had come off with the old agent - you'd normally have a gap of a week or two.

What you do need to beware is that they don't both try and charge commission!!

Realistically I would move on and try to secure this sale - your buyer will be thinking s/he's got a good deal so make sure they don't haggle you down further after survey etc.

That's not to say you don't have a case against EA 2 but it will be really difficult to prosecute.