Disinstructing my estate agent, fees?

Nutnic

Hi,
Ok so I instructed my estate agent 9 weeks ago and this is what has happened since...

It took 7 phone calls and 4 weeks to get a For Sale sign.
I have had one viewing, who made an offer but was still selling her house, then after being hassled for the next two weeks by our estate agent she withdrew her offer as they were annoying her so much.

After 10 phone calls I still have not had a copy of our contract.
I still have not had a brochure to approve so details online are the rooms and sizes, no description.

I was promised weekly updates on feedback and things we could do, I haven't received one.

Now their fees are the highest in the area and I don't feel they are earning them so would like to disinstruct them and go elsewhere.

My question is if I do that and that one viewer decides, upon getting a buyer for her property, that she still wants to buy mine, who do I owe fees to?

Thanks
Nicola

dotdash79

The agents that introduced her first.

Your augment could be you hadn't signed that term with the agent mind you by allowing them to continue to market the property it might be implied you have agreed to the terms.

Nutnic

Ah, I really begrudge giving them any money they have done nothing. I spoke to her on the phone and if no one else comes along I suspect she will end up still being our buyer so I had probably better stick with them

G_M

You may not have signed the contract, but you have an implied contract.

You have clearly let them market the property, introduce a potential buyer etc.

If that buyer Completes, you will owe them their fee.

If you wish to de-instruct

a) do so in writing and
b) do so in accordance with the agreed terms of the contract (ie minimum contract length, notice period etc and
c) request a list of buyers they have introduced (to avoid issues if a new agent introduces a buyer the 1st agent later claims as their own

DRP

Nutnic wrote: »

Ah, I really begrudge giving them any money they have done nothing. I spoke to her on the phone and if no one else comes along I suspect she will end up still being our buyer so I had probably better stick with them

Look at it this way - if she buys it, your original EA will have done their job...

Nutnic

I guess, I just think another estate agent will market it better. So if I change and she buys, the estate agent I move to gets nothing?

DRP

Nutnic wrote: »

I guess, I just think another estate agent will market it better. So if I change and she buys, the estate agent I move to gets nothing?

i believe that is correct, yes.

Before you 'sign' for another EA, you will have to give him a list of any potential buyers that have already been introduced to your property. In my case there were none of these, but you shuold tell the new EA of your previous viewer.