Can I walk away from my estate agent without incurring costs or legal issues?

sb12

Hi all,

Recently put the property on the market following discussions with my estate agent. Stated during discussions that I wasn't prepared to commit to a long term agreement and wanted this stated in the contract. The contract they sent out was completely incorrect and as a result I have refused to sign it. Since then I have not been issued with an amended copy but they have done a couple of viewings.

I am now considering leaving this agent as I feel their marketing hasn't been good enough and communication thus far has been poor. Just wanted to get some advice as I don't want to leave and incur costs further down the line.

Will the fact that no contract has been signed allow me to walk away with no issues? Or does the fact that they've done a couple of viewings (that led to nothing) and placed the property on their website give them any rights or entitlements?

princeofpounds

You will have had some kind of contract, verbal only, and so deducing what that contract is will not be straightforward if it came to court. You'd probably find that the burden of evidence was on the EA in general to prove any contractual obligations on your part given they have no evidence of the terms you accepted and you expressly rejected their written contract. They might have more luck holding you to standard T&Cs if they can prove you received them before allowing viewings.

The main thing you will need to do is ask them to confirm in writinf the names of the viewers they introduced. If those people walk back through the door of EA #2 with renewed interest to buy you'll be stuck with some issues and possible multiple fees.

Otherwise I'd imagine you're likely to be in the clear.

Herbalus

The elephant in your post asks why their marketing hasn't been good enough if you've had several viewings?

I would question why the estate agent would do viewings if you haven't signed an agreement with them. [STRIKE]Why haven't you signed the amended copy if it fits what you agreed verbally?[/STRIKE] (misread your post)

sb12

Thanks for the advice princeofpounds.

In response to Herbalus:

No elephant - only two viewings! Marketing took days to surface despite the promise of 'within 24 hours'. No local press advertising also a big concern as this was something else that was stated would be part of the service.

Also no new contract has surfaced - there hasn't been anything to sign.

As a result I am not happy with the service so far, and feel that it's a lot of money to part with when I feel they haven't worked hard enough for it. Also feel I'd have more interest in the property with another agent.

Unsure as to whether the fact they have done two viewings and produced a property spec will entitle them in some way to any transactions that could occur in the future should I walk away.

Herbalus

Sorry I read your post too quickly. If they sent an incorrect contract and have decided to start work anyway (however bad that might or might not be), then really I don't think they would have any right to hold you to any contract.

If you are keen to change, then I would do this sooner rather than later. They won't like it if they've prepared the spec and started work, but I'm not sure if they'll be able to do anything about it.

sb12

Only been with them for a couple of weeks but already fed up with our current situation.

Really want to be careful on this issue as I don't want to find that an attempt has been made to collect fees based on any future purchase and I end up paying double the agency fees.

googler

If you weren't happy with the contract, why did you accept the viewings?

Dontcha think by accepting the viewers introduced by the agent that you've implicitly accepted the terms of business as seen by you?

sb12

googler wrote: »

If you weren't happy with the contract, why did you accept the viewings?

Dontcha think by accepting the viewers introduced by the agent that you've implicitly accepted the terms of business as seen by you?

The viewings only took place on the understanding the contract would be amended, as the initial contract was not what was verbally agreed - so I refused to sign this contract.

Since then the service provided was not what was promised and as a result I am unhappy and feel that they are not keeping the promises that they made during earlier discussions.

mrginge

2 weeks and you're sacking the EA?

For some reason the phrase 'nightmare vendor' is springing to mind.

ValHaller

sb12 wrote: »

.... No elephant - only two viewings! Marketing took days to surface despite the promise of 'within 24 hours'. No local press advertising also a big concern as this was something else that was stated would be part of the service.

Also no new contract has surfaced - there hasn't been anything to sign.

As a result I am not happy with the service so far, and feel that it's a lot of money to part with when I feel they haven't worked hard enough for it.

As you have not signed the contract, and disagree with some of the terms why do you expect the Agent to fulfill his side?

googler wrote: »

If you weren't happy with the contract, why did you accept the viewings?

Dontcha think by accepting the viewers introduced by the agent that you've implicitly accepted the terms of business as seen by you?

Not necessarily. If there was discussion after the contract document was sent along the lines
OP:- This is not what we agreed
EA:- Sorry, we will send new paperwork out
then I don't think that the terms have been implicitly accepted. OP does say

sb12 wrote: »

The viewings only took place on the understanding the contract would be amended, as the initial contract was not what was verbally agreed - so I refused to sign this contract.

However if OP did not like the contract as submitted but just sat passively refusing to sign without initiating any discussion, then I think you would be right.

Thrugelmir

sb12 wrote: »

Only been with them for a couple of weeks but already fed up with our current situation.

Do you have an interested party in your property?

Summer is one of the worst times of the year to start marketing a property.

Property can take months to sell. I've never found an EA's contract onerus in this regard.