Sole selling rights contract

lowe7447

We have recently listed our house with an online company. They are now providing a substandard service. Having read the contract in more detail it states"This document confirms that you wish to instruct .............. To act as the selling agency in respect of the property detailed below, as the sole selling rights agent for 20weeks from the MARKETING COMMENCEMENT date"

On the contract the marketing commencement date is ASAP. Not a date as the contract terms state.

Could this be used as a tool to terminate the contract?

nonnatus

How recently have you signed the contract? You have 7 days to change your mind, outside of that I think you're probably stuck with them for a while.
How substandard are their services? Have you complained and given them a chance to put it right?

lowe7447

4 weeks. 6 failures to return calls. Failure to change listing. How I look at it without a date in the commence date in they could just keep saying your within the sole sellers time line

G_M

I assume they have started marketing? When did they start ?

googler

When did they start marketing? That date becomes the marketing commencement date, surely?

eddddy

Hi lowe7447

TBH, it sounds like you're stuck with them for another 16 weeks.

Out of interest, what is their fee structure? If they're an online company, did they charge an upfront fee? If so, it's unusual to want a 20 week Sole Selling Rights agreement.

(In general, I would always aim to negotiate any kind of agency agreement down to 4 to 6 weeks as the minimum period.)

anamenottaken

Get evidence for a commencement date for the marketing. Do you have appropriate screenshots?

lowe7447

anamenottaken wrote: »

Get evidence for a commencement date for the marketing. Do you have appropriate screenshots?

I don't have the screen shots at the moment. If we can figure out how to do it later I will put them up.

Contract terms are non negotable. Because they asked me to lower my price within the first 2 weeks and I said that I would if they lowered there fees by the same figure. Bet you can guess the answer to that one.

To be honest didn't mind spending the extra in sellers fees because they promised x,y,z and they have come up with 0. Just want shut of them now and get it up with a nice local agent that I can go in and have a chat with rather than the current situation of non returned calls.

thanks for the help people.

cheers

lowe7447

googler wrote: »

When did they start marketing? That date becomes the marketing commencement date, surely?

I would have agree'd with that. BUT there is a date of signing contract and a stipulation in the writing of the contract that the date entered by the valuer for marketing commencement is to be used for the start of the 20 weeks.

If within the contract it had stipulated 20 weeks from date of marketing I wouldn't have this querry.

cheers

eddddy

lowe7447 wrote: »

... they asked me to lower my price within the first 2 weeks...

Hi lowe7447

This is why 20 week sole selling or sole agency contracts should ring alarm bells. The strategy 'dodgy' EAs use:

- The EA wins your business by saying they can achieve an unrealistically high price, and persuades you to sign up for a 20 week sole agency.

- They then have 20 weeks to 'grind you down' and persuade you to lower your asking price a few times


It would be far more honest if the EA suggested a realistic price at the outset, and a sole agency period of say 4 to 6 weeks to demonstrate their competence.

lowe7447

eddddy wrote: »

Hi lowe7447

This is why 20 week sole selling or sole agency contracts should ring alarm bells. The strategy 'dodgy' EAs use:

- The EA wins your business by saying they can achieve an unrealistically high price, and persuades you to sign up for a 20 week sole agency.

- They then have 20 weeks to 'grind you down' and persuade you to lower your asking price a few times


It would be far more honest if the EA suggested a realistic price at the outset, and a sole agency period of say 4 to 6 weeks to demonstrate their competence.

I had my reservations within 20 mins of the valuer leaving. But was a bit wet behind the ears as this is the first time that I have sold a house.

Looking for ways out now. And if I need a legal loop hole then so be it.