What if an estate agent refuses to remove a listing?

trippyfairy

Hello all. I've had my property on the market for a little over four weeks. I've had several issues with them (I started a thread on here a few weeks ago re. the listing, on which I received some good advice). Due to how poorly they've handled every aspect of the sale so far I've decided not to move. My long term goal is to move, so I may be looking to put the property on the market later on this year/ early next year.

I've made a complaint to the estate agents, informed them of my wish to withdraw and asked for the listings to be removed.

They've refused to do so, stating that I'm under contract with them until the 8 week sole selling rights expire on the 5th of July. Is this correct?

I've checked my contract. There's a clause relating to the sole selling rights. That's fine, the property won't be sold before that expires so irrelevant to me at the moment.

There's a clause relating to withdrawal fees, which states administration feed will not be due if the property is withdrawn from sale by me or the agents.

There's also a clause relating to the 14 day right to cancel.

There's nothing in the contract or terms and conditions about withdrawing the property from the market after the 14 day period.

Can they really insist a property remains on the market against the owners wishes?

trippyfairy

Sorry, the "them" in the first paragraph is the estate agents

kinger101

If you check your contract carefully, there is probably something in there about them getting their fee for introducing a buyer. Your initial contract with them would therefore cover all buyers found within this period (as realistically, it's not going to sell within 8 weeks even if they find a buyer on day 1).

If you do genuinely wish to take the property off the market, then clearly they won't get a fee. But I suspect they think something doesn't ring true in your claim you no longer wish to sell it. If I fell out with a waiter, I wouldn't go on hunger strike IFSWIM.

eddddy

If there are no withdrawal fees, just say you've decided not to sell so you won't accept any viewings.

Whether the EA chooses to continue advertising the property is up to them. They won't send round potential buyers if you're not going to let them in.

BUT... read the contract to see find out how you cancel. Typically, you'd have to give 2 or 4 weeks written notice - it won't end automatically after 8 weeks.

Otherwise, when you decide to sell next year, technically you will still have a sole agency agreement with this EA.

trippyfairy

The estate agent have agreed to remove the property from the 5th of July and that the sole selling rights will expire then, it's the insisting that the property stays on the market until then that was bothering me.

I guess you're right though eddddy, I just have to wait it out and ignore any contact from them. I've contacted Rightmove and informed them the property is no longer on the market and asked them to remove the listing. But if the EA are paying to advertise there I suppose I may as well leave it and cost them money...

kinger101, I don't really mind whether they believe me or not, I know the property isn't going back on the market any time soon and there's no chance of them getting commission from me. The property market is pretty sluggish around here and there are a few flats in the same block up for sale which aren't shifting. I have no urgent need to move so I can wait it out.

It still seems wrong that I, as the owner of the property, can remove it from sale but the estate agent retain the right to market it as for sale. Isn't this some kind of false advertising?

eddddy

trippyfairy wrote: »

It still seems wrong that I, as the owner of the property, can remove it from sale but the estate agent retain the right to market it as for sale. Isn't this some kind of false advertising?

Well... maybe you're going a bit too far now.

You signed a contract, but now you've changed your mind. Perhaps the EA has more right to be annoyed with you, than you with them.

In your position, I'd just be pleased that I can escape without any financial penalty.

trippyfairy

eddddy wrote: »

Well... maybe you're going a bit too far now.

You signed a contract, but now you've changed your mind. Perhaps the EA has more right to be annoyed with you, than you with them.

In your position, I'd just be pleased that I can escape without any financial penalty.

Well, I'm not going to report them to Trading Standards or anything. I just wonder how the conversation will go with any potential buyer...

Potential buyer: Hello, I've seen X property for sale and would like to arrange a viewing.

EA: Oh yes. Actually it isn't. The owner doesn't want to sell anymore, but we've kept the listing up because we can:D

Anyway, I'm not going to have to deal with it and the EA will blag it somehow.

Guess I just have to let things run their course.

I know it might seem I'm cutting my nose off to spite my face refusing any requests, but I really wouldn't trust this EA with a sale anyway.

ScorpiondeRooftrouser

They want to keep advertising it so if you take it to any other estate agent, the other estate agent is going to see it and ask you what's going on.
If you are genuinely taking it off the market this is of no consequence at all.

trippyfairy

They've been utterly inept with everything so far and told some pretty ridiculous (and easily disproved) lies. I had a pretty relaxed approach to selling as I wasn't in a rush. Thought I'd prep the flat then just wait and see, but it's been a constant stress. I've had to contact them regularly to have photos redone, asking for things to be corrected or to be done. It was after a conversation with the agent earlier this week where they tried to tell me a pack of lies that I just cracked and decided it wasn't worth the stress. Maybe next year...

kinger101

trippyfairy wrote: »

The estate agent have agreed to remove the property from the 5th of July and that the sole selling rights will expire then, it's the insisting that the property stays on the market until then that was bothering me.

I guess you're right though eddddy, I just have to wait it out and ignore any contact from them. I've contacted Rightmove and informed them the property is no longer on the market and asked them to remove the listing. But if the EA are paying to advertise there I suppose I may as well leave it and cost them money...

kinger101, I don't really mind whether they believe me or not, I know the property isn't going back on the market any time soon and there's no chance of them getting commission from me. The property market is pretty sluggish around here and there are a few flats in the same block up for sale which aren't shifting. I have no urgent need to move so I can wait it out.

It still seems wrong that I, as the owner of the property, can remove it from sale but the estate agent retain the right to market it as for sale. Isn't this some kind of false advertising?

If it really bothers you that much, I'd visit their office this weekend and make a noise when they're speaking to other customers. I think it might be a wise precaution, because if you do want to sell it in say four months from now, you don't want them claiming a potential buyer visited them when it should have been off the market. They wouldn't stand much of a chance of getting their fees, but it's hassle you wouldn't need.

AnotherJoe

Well, I'm not going to report them to Trading Standards or anything. I just wonder how the conversation will go with any potential buyer...

Try this alternative ......

Potential buyer: Hello, I've seen X property for sale and would like to arrange a viewing.

EA: Oh yes. The owner keeps changing their mind, currently doesn't want to sell but we've kept the listing up because we think they may change their mind. Let me take your details and I'll let you know if something changes. Meantime we have this much better property round the corner ....

... and then 4 months later "ah Mrs Trippfairy I see that Mr and Mrs Smith are buying your place. We have a record of them calling our office on the 15th June so you owe us £5k. Will that be debit card or cheque you'll be paying by?"