Leaving EA before signing contract?

onthecatbus

Hi there, first time house seller and in bit of a pickle!

Had a few valuations, checked out their websites, went with an EA that is pretty much dominating our area and price bracket, low-ish fees.

Have NOT signed anything, have emails proving that nothing has been signed.

They have put up the 'for sale' sign, taken photos and put these online but nothing further yet.

I have BIG doubts about them and want out if possible. Spelling mistakes throughout the listing (even after correcting them when I mentioned it) and generally a lack of details, the EA forgetting things like the CONTRACT for me to sign, trying to charge me their 'special price' - over double what I have now booked- for the Energy Report. I'm just generally very uneasy about how everything has gone so far and am worried I've made a huge mistake!

Any advice would be very appreciated.

Guest101

onthecatbus wrote: »

Hi there, first time house seller and in bit of a pickle!

Had a few valuations, checked out their websites, went with an EA that is pretty much dominating our area and price bracket, low-ish fees.

Have NOT signed anything, have emails proving that nothing has been signed.

They have put up the 'for sale' sign, taken photos and put these online but nothing further yet.

I have BIG doubts about them and want out if possible. Spelling mistakes throughout the listing (even after correcting them when I mentioned it) and generally a lack of details, the EA forgetting things like the CONTRACT for me to sign, trying to charge me their 'special price' - over double what I have now booked- for the Energy Report. I'm just generally very uneasy about how everything has gone so far and am worried I've made a huge mistake!

Any advice would be very appreciated.

Well if you have not signed anything, then the record of terms is obviously non existant.

Therefore you should give notice to terminate their services.

mrginge

Well without knowing what information has been provided to the OP that would be a foolish suggestion guest101.

OP - you clearly have a contract with them, regardless of a signature on a piece of paper. The terms of it may be open to discussion, however if for example they have given you some general marketing spiel that contains notification of a minimum marketing period or fees, then you would be hard pressed to argue that you aren't bound by that.

Guest101

mrginge wrote: »

Well without knowing what information has been provided to the OP that would be a foolish suggestion guest101.

OP - you clearly have a contract with them, regardless of a signature on a piece of paper. The terms of it may be open to discussion, however if for example they have given you some general marketing spiel that contains notification of a minimum marketing period or fees, then you would be hard pressed to argue that you aren't bound by that.

Without an agreed or signed contract, the estate agent is going to find it difficult to enforce any terms and conditions they might believe are applicable.

I disagree, if they have given the OP general marketing information, those are suggested terms. Has the OP accepted those terms? Neither one of us knows. The reason for contracts is to set down negotiated and agreed terms and conditions for services in exchange for payment.

In lieu of such a document, the logical steps apply. There is a contract ( i dont disagree with this), but the terms are not set down.

Now the OP hasnt stated what the emails say. If they say, we will market it for £X with no duration, and no cancellation terms - then the default position would be in favour of the consumer (IE it is possible to cancel given reasonable notice).

I dont appreciate my suggestion being called foolish. The OP writes to give notice, the agents respond with their 'term', realise their mistake in not having a signed contract and instead of having a battle with their principal, they void the contract.

mrginge

your suggestion is foolish because you have zero understanding of what the OP has agreed to.

G_M

Write a short letter thanking them for their interest in representing you in your sale but you have decided not to proceed.

Don't give a reason or add anything more.

They will either

* respond by acknowledging your letter, and you can move on
* respond claiming you are tied in (ie by a verbal agreement as mrging suggests may be possible, though which you could dispute as/when this happens)
* not respond at all and disappear.

eddddy

It depends exactly what info you got (verbally and written) and when.

What many EAs will do is give you a copy of their 'terms of business' when they look at your property.

Then they phone a day or two later, and ask if you want to go ahead.

If you say "yes", you would have implicitly agreed to the 'terms of business' they gave you. You don't need to sign the 'terms of business', or anything else, for the contract to exist.


As G_M suggests, try telling the EA that you don't want them to market your property anymore, and see what they say.