Estate Agents Contracts

mprcomp

My estate agents contract to sell my home ran out on the 4/11/2012 so I was somewhat surprised when they arranged a viewing for last Saturday. At time did not know what to say so just allowed viewing. Now people who want house want to come a second time. The estate agents have also arranged another viewing for sat.

I have inquired what this means but they are saying that there is no moving on the commission of 1.5K. Does anyone know legally if they can still actual claim this money if we no longer have a contact?

Thanks

Paul

p.s. I did not want to have to do this but as soon as I took house off market(or so I thought) I bought a new car as budgeted to sell house in Feb. Now if I sold it now would struggle with paying everything out.

arbrighton

very unlikely your agreement with them is terminated unless you expressly give notice. Check t&cs of your contract

kingstreet

An agency contract is usually open-ended, with a minimum period in which you have to give them something like "sole-selling rights."

Now, you may be able to market the property jointly with another agent, subject to agreeing how the fees would be paid.

If you wish to withdraw the property from the market, you need to terminate the contract, giving the notice stipulated in the contract, in writing.

go_cat

The commission is for introducing a buyer which is what they have done, so yes you would have to pay.

You can always refuse any offer

googler

Does the contract explicitly say it will end on that date, or that that's the end of a minimum term?

Did you or the agent explicitly terminate it?

If you don't want to sell it, you have to terminate the contract.

mprcomp

I originally had a sole seller contract which they wanted me to have for 26 weeks I negotiated this to 12. This took me to start of October when I put in writing to them that I wanted to remove property off market and was giving them the 28 days.

It came to 4th of Nov and they not taken off market.

I think it might be sods law that I was settled to put take house off market over Christmas and then have to put it back in Feb. I need to raise 1K to make sure have money for fees etc.

Thanks

princeofpounds

Even if the contract did end, a court would be quite likely to judge that you have verbally agreed a new contract with them by accepting services.

Now, it's hard to tell what the terms of that new contract are, but the initial balance of probability is that it would be similar to your previous contract.

olly300

princeofpounds wrote: »

Even if the contract did end, a court would be quite likely to judge that you have verbally agreed a new contract with them by accepting services.

Not necessarily it depends if the OP took steps to show they wanted the house of the market. This they can still do now as there isn't an offer on the table.

mprcomp contact the estate agent by phone asap and follow the phone call up with a letter sent by recorded delivery.

In the phone call ask who you are speaking to and then inform them that the house is off the market and they have had the required notice. Also tell them if they attempt to show anyone around again you won't be letting them into the property.

In the letter state everything you said on the phone and put the time, date and who you spoke to. Keep the recorded delivery receipt until you are sure no offer will materialise.

If you get an offer before you send the letter than you could have problems if the offer meets the house's price.

littlesparkles

You won't have to pay the agent's fee until completion so this could be in February!