Never ending estate agent tie in perios

satmohinder

Help, after 2 years and nearly 4 months we are so fed up with our estate agents we have switched. We've only had 11 viewings and no offers during this period. Their service has left a lot to be desired. We havent changed sooner as we have had huge amounts of other things going on. Now though their services are changing and are no longer the same as the ones we signed up for. As they havent managed to sell it so far,despite other properties in same street going for similar prices,we dont have any faith that the changes to their services will help.

Also they have broken contract as it says they will accompany any viewing to a property which they hold keys for unless agreed otherwise with ourselves in writing. Which never happened.

Trouble is the sole selling rights agreement we signed seems to have no end! Am now seeing that this seems unusual. .. there's a £300 admin fee and 28 day notice to terminate the agreement.

Had they done a good job, were offering the same service and we wanted to leave without giving them a fair chance of selling the property we wouldnt begrudge the fee.. although it is much higher than the agents we have switched to... However given the circumstances we do not feel we should have to pay....

Advice please?

mrginge

You agreed to give them 28 days notice and pay a withdrawal fee of £300.
Why should they not get what you agreed given they have marketed your property for over two years?

satmohinder

Errr.. because like i said... the service they offer now has changed since we signed.... (call centre not high st branch). .. theyve been rubbish (dont hv time to go into details) and theyve broken part of contract... any better advice?

Bluebirdman_of_Alcathays

Well, if you feel the contact has been broken, tell them the arrangement is terminated, and don't pay them.

They may agree. They may disagree, and sue you.

cattermole

It sounds an "unreasonable" contract to me!

So once you instruct them you cannot get out of it at all unless you pay them a fee? Even if they have not held up their side of the contract.

Google "unreasonable contracts"

I would send them a letter saying you wish to terminate the contract you have with them as you consider that a) it is unreasonable after 2 years and no results quote other sales, not attending with buyer's and b) they have broken the contract by changing their terms without notifying you in writing ? Assuming they haven't notified you?

At worst they will have to pursue you for the £300 and then you can take it from there, the chances are they will not if you word your termination letter appropriately.

mrginge

satmohinder wrote: »

Errr.. because like i said... the service they offer now has changed since we signed.... (call centre not high st branch). .. theyve been rubbish (dont hv time to go into details) and theyve broken part of contract... any better advice?

No. That is the advice. Unfortunatly I like to deal with the reality of the situation rather than just tell people what they want to hear.

If however, you would like to state the specific clauses in your contract that you believe the EA has breached, then I will be more than happy to evaluate the cost of those breaches.

Guest101

As above, and mention that local media couldpick up the stroy, which would cost them a damn sight more than £300...

mrginge

cattermole wrote: »

It sounds an "unreasonable" contract to me!

So once you instruct them you cannot get out of it at all unless you pay them a fee? Even if they have not held up there side of the contract.

Sounds like a perfectly normal EA contract to me.

Guest101

mrginge wrote: »

No. That is the advice. Unfortunatly I like to deal with the reality of the situation rather than just tell people what they want to hear.

If however, you would like to state the specific clauses in your contract that you believe the EA has breached, then I will be more than happy to evaluate the cost of those breaches.

inclined to agree with you on the legl status.

The only thig i'd say is the clause may be difficult to enforce, based on the wording.

cattermole

mrginge wrote: »

Sounds like a perfectly normal EA contract to me.

Does it?

Not one agent in our area operates a fee if you withdraw.

Regardless, have they kept their end of the contract?

mrginge

cattermole wrote: »

Does it?

Not one agent in our area operates a fee if you withdraw.

Regardless, have they kept their end of the contract?

Everyone round here operates a withdrawal fee.

As to keeping their end of the contract, I can't see it from here, but I am pretty sure it doesn't guarantee that they will sell the house.