Can I Remarket Property?

bobssy

Im in a 16 week contract that has sole selling rights but I was unhappy with the agent so decided to get out early by removing the property from the market. I know that if I sell the property to anyone within the 16 weeks Im liable to pay the agents fees.

My question is can I remarket the property with another agent? I know I cannot sell until the 16 weeks are up. Also if Im was in a sole agency agreement would this also effect me remarketing the property?

Can anyone confirm if Express Estate Agency has a sole Agency Agreement? (Cant find contract ATM)

Thanks in anticipation

harrup

bobssy wrote: »

Im in a 16 week contract that has sole selling rights but I was unhappy with the agent so decided to get out early by removing the property from the market. I know that if I sell the property to anyone within the 16 weeks Im liable to pay the agents fees[/

Look into this issue more closely.

I have got a notion that the time span in which you could sell to someone else without incurring a penalty ( aka paying comission to past AND present EA) significally exeeds the agreed contract time with an EA.

That is to say, if your previous EA can unequivically demonstrate that they were the ones who ORIGINALLY introduced a certain buyer to you - even if this person never offered but merely viewed just once -they can claim half of the new EA's commission. Which isn't a great motivator for the new EA who may then perform no better than your last one.

I may be wrong...but I don't think so. So do look into that aspect most carefully and be sure to discuss it with any new EA before you sign on with them.

bobssy

Well I only had 2 viewings from this estate agent and the property was advertised under market value with OIEO £65k then they wanted me to go down to OIEO £55k, where we were looking for closer to £75k.
One offer was put in below the £65k which we rejected and felt the way it was being marketed was misleading!

I have spoken to another agent who is keen to market the property and knows I cannot sell until the end of my current contract! Can I carry on and do this without incurring any penalty? I'm not going to sell to either of the 2 that viewed in the first place

Thanks

Guest101

I dont think anythign will stop you remarketing it. But i would be wary of the prev agent, if they are that bad, they may seek the fee anyway, and try their luck.

bobssy

Can they claim if I don't sell until I'm past the 16 week contract and the buyer has nothing to so with them?

kmmr

bobssy wrote: »

Can they claim if I don't sell until I'm past the 16 week contract and the buyer has nothing to so with them?

The bit in bold is key. How do you prove the buyer has nothing to do with them?

They could say - buyer saw our ad first, but rang the other people. Or saw the sign outside the house - which prompted them to look on rightmove, and they accidentally called the wrong agent.

And I don't think they would ask for half the commission, they would want it all. And so will the new agent possibly, so you could end up paying both commissions. How long is left on the contract? Can't you wait?

bobssy

But the house is no longer on the market with the original agent as I didn't like the way they operated so removed from the market with them but in still in the sole selling agreement period. So surely they can't claim it was then that attracted interest as the board has been removed and the as removed from agents sites! It's up around the end of August but as we have seen a property we are interested in we are keen to sell ASAP if possable!
Thanks

Guest101

Go talk to them about changing to multi agency, that's your best bet.

Jock_Mclong_Pockets

We had a similar issue..it was actually easy to get out of as we felt the agent wasn't representing our best interests. However we wrote to them clearly outlining our issues and explaining that we were unhappy with the service. We offered them 7 days to change their attitude / approach or failing that we would opt for a different agent to market our house.

They failed to act so we terminated our agreement in writing [delivered it by registered post] We sold the house 2 wks thereafter with another agent. The original agent (cowboy) tried to take legal action, however we had documented our reasons and given them an opportunity to rectify, which they didn't act upon.

Basically they didn't have a leg to stand on.

Good luck.