Taking home off market...£200 + VAT

MickeymouseOl

Can anyone help my house has been for sale for over 3yr with Cumberland estate agency I would now like to take it off the market but they want to charge me £200 + vat. Is there anyway I can avoid this? I did sign a contract... bt they havnt done ther job in selling my property...it's been 3yr. Any help? Thanks

pinkshoes

I'd look at the contract you signed!

Are you going to be selling with someone else? If not, just leave it on the market. If you are, what does the contract say about dual agents?

Another line is proving that the EA didn't meet their part of the contract by actively marketing your property. How many viewings have you had etc... Did you put it on for the price they advised?

MickeymouseOl

I'm takin it off to not sell anymore. Can't leave it on as I don't want viewers comin n if I refuse they can remove it bt still the fee. I havnt had many viewers but I also didn't lower the fee as much as they asked as I couldn't afford to equity wise because of the drop in house prices n the loss id already suffered with that as Im a first time buyer n bought the house right b4 the economy crashed.

unholyangel

The contract you had with them, what was it?

What do they say the fee is actually for? Is the fee detailed in the contract/T&C's (ie does it say this fee will become payable if you choose to remove your home from the market)?

MickeymouseOl

the contract is a signed agreement between us, i didn't take much notice of this fee at the time as i never thought i would be taking it back off the market. it says:
Withdrawl fee
if this agreement is terminated by u or us, or the property is sold other than in circumstances entitiling us to a fee as stated in these terms then u will be required to pay us a withdrawl fee of £200 plus vat to cover our administration costs. this fee will be payable by you when the agreement is terminated.
it then also says the same if terminated by them. and then says:
this does not affect your rights to withdraw or withhold payment where we have failed in our obligations and responsibilities to you under this agreement.
I dont think they did push it though - my dad was looking for a house (in the first year it was on market) and when he went into the branch he said they didnt seem like they wanted to help, barely did and didnt even show him my house which would have been perfect for what he was asking? but i cant exactly say that can i haha

unholyangel

what does it state in the contract about their obligations to you?

cockaleekee

MickeymouseOl wrote: »

I'm takin it off to not sell anymore. Can't leave it on as I don't want viewers comin n if I refuse they can remove it bt still the fee. I havnt had many viewers but I also didn't lower the fee as much as they asked as I couldn't afford to equity wise because of the drop in house prices n the loss id already suffered with that as Im a first time buyer n bought the house right b4 the economy crashed.

It sounds like this is why you have not had many viewers - your house was overpriced. Three years marketing for £240 sounds like a good deal to me, it's not their fault that you were unable to lower the price.

MickeymouseOl

it doesn't - all i can find in relation to that is
Local press and property guide advertising:
we will advertise your property in the times and star on two separate occasions during the first four weeks (excluding December (i signed this contract 7/12/09)) following your acceptance of the terms of this agreement. the timing of an advertisement is at our sole discretion. If your property is sold, subject to contract, before the first or second advertisement, we may not advertise your property. following the second advertisement your property will be advertised on an occasional basis at our discretion

MickeymouseOl

i did lower the price considerably on more then one occasion but each month they would ring me asking me to lower it further, i lowered it to the lowest i possibly could

halibut2209

Raise the price to a stupid level, then just leave it. Works for eBay

MickeymouseOl

i cant coz then they just ring you all the time asking you to lower it and if they feel that its not a suitable price, or i refuse viewings, ignore calls, refuse to sell etc they can just remove it and still wan the fee of 200 + vat...it also has this in the contract....i just feel like im paying for nothing, i feel they didn't push it and didnt really care they just want there money