Help! Can I pick your brains moneysavers?

dreamingofdorset

Hi everyone, I've always kept an eye on MSE but joined up today after a bit of a run in with my estate agent. I just don't know what to do.


Selling my house, no dramas you'd think but it turns out the EA's have been less than forthcoming with things. Fees were negotiated are plus vat. I did read the contract but can't remember seeing that. Ok fair enough. I got an offer from the 3rd viewing for the asking price. I was happy with that but I didn't want to stop anyone else viewing it. We all know what it's like.


Yes they agreed they'd carry on with the viewings. Fab. My house is a modest house but on a really nice street and I know lots of folks in my town and to cut a long story short it turns out that they put off a friend of a friend saying the house was sold.


I wasn't happy with that obviously and emailed them accordingly. I then went to see them and got a mealy mouthed apology.


They then carried on with viewings (offer from original party and still no finance in place) and after telling them how unhappy I was I found out this weekend it had happened again. They'd told someone else it was sold. I've had enough the house has only been on the market for 8 days! I know estate agents get a bad rep but honestly this is ridiculous.


Here is my issue - signed a sole agency deal for 12 weeks. Where does that leave me? I feel like they're in breach of the contract but do I take that chance if I just take it off the market? I can sit the 12 weeks out to be safe but I'd rather not. I'd just be interested in your thoughts. This is not just about money to me now, it's also about principle.


Thanks in advance for your time. T

DTDfanBoy

Why do you want to take the property off the market, keep in mind that even if you wait 12 weeks then sack the agent they will most probably still be entitled to the agreed fees if you sell to the buyer they introduced.

ellie27

To me it sounds like you are the one being ridiculous.

Did you accept or reject that offer that you got? Have you informed your solicitor and told them to start proceedings to sell the house to that buyer?

fairy_lights

Did you accept the offer that was made at asking price?

nidO

dreamingofdorset wrote: »

it turns out that they put off a friend of a friend saying the house was sold.

dreamingofdorset wrote: »

I found out this weekend it had happened again. They'd told someone else it was sold.

I think the primary question here is exactly what they're telling these people.
If you've accepted an existing offer but want to keep the house on the market so you have a potential backup if the first sale falls through or are hoping someone gazumps it then fine.

But, you shouldn't be expecting your agent to hide this fact from other potential viewers. I note you specifically say that they "put off" a friend rather than refused to show him the house, if so I take this to mean that they were willing to show them round the house but pointed out that it's already under offer and the interested party then decided they weren't that interested.

Assuming this is the case I don't see the problem with that, it isn't in the agent's or the potential viewer's interests to hide the fact that the property is already under offer thereby potentially wasting everyone's time.

On the other hand if the agent is actively refusing to show other parties around having said they would continue doing so (though the implication from your post is that this isn't the case) then they are being problematic.

nidO

I would also add: If your property's been on the market 8 days and you've had this run-in prior to this weekend and after the offer came in, your agent has secured you an offer at asking price in less than 5 days.
Even in a seller's market, most people would be overjoyed at that.

Edit: And one of those five, last Monday, was a bank holiday!

dreamingofdorset

Sorry I wasn't clear. The offer was made but the lady didn't have an agreement in principle from her mortgage company. So as it was only the third viewing I said please continue with other viewings until she's certain she can get the finance. That was a week ago. Not heard anything about that since.

Re what they've done. Told people it's sold and refused to do viewings. Not once but twice.

This makes no sense to me. Surely you'd want as many people to view it as possible in case of such things as not being able to get finance. But yes I'm possibly being ridiculous.

Thanks for your replies though.

LittleMissKitty

dreamingofdorset wrote: »

Sorry I wasn't clear. The offer was made but the lady didn't have an agreement in principle from her mortgage company. So as it was only the third viewing I said please continue with other viewings until she's certain she can get the finance. That was a week ago. Not heard anything about that since.

Re what they've done. Told people it's sold and refused to do viewings. Not once but twice.

This makes no sense to me. Surely you'd want as many people to view it as possible in case of such things as not being able to get finance. But yes I'm possibly being ridiculous.

Thanks for your replies though.

That makes more sense, I'd give them a mouthful and tell them that it is NOT sold as you haven't had a proceedable offer, I'd follow up in writing making it clear that if they do it again you'll pull the house off the market and refuse to sell to the original party.

Wait 12 weeks, go elsewhere. But be aware that if you do go with the lady who orginally offered, you WILL have to pay the agent.

mrginge

Sounds to me like OP has acted perfectly reasonably and the EA has failed to act on their clients instructions.

All this stuff about how they've found a buyer within five or so days is of total irrelevance.

Only a lunatic would take a property off the market that had had an asking price offer from someone with no qualifed finances after being on the market a week.

The question of any possible breach depends entirely on the wording of the contract and your evidence.

Also, whats all this about VAT?

dreamingofdorset

Thank you little miss kitty. I've never sold a house before this is my first time. I am happy about the offer but it doesn't mean anything if they can't afford it. To add to this they've shown people who don't have properties on the market.

Also another agent has told a viewer it's on slightly low. I have no problems paying for their services I just don't want to be ripped off.

dreamingofdorset

Fees of 1.25% plus vat which makes an extra grand for me to find.