Estate agent breach of contract on sale

Davethevet

I placed my "detached" bungalow with a local estate agent to sell nine weeks ago.
Photos were taken, the board went up, the property particulars were produced and approvedby me and the property placed on the agents website and Rightmove and others sites.
I've had one viewing only which is disappointing as it is in a very desirable village location.
A friend pointed out to me yesterday that the property is described as "semi-detached" on the websites. I immediately contacted the agents, who admitted their error and they have corrected the description on the websites.
This error will have dramatically affected the property's search detection on the websites and also it would appear grossly overpriced for the wrong category of property.
I consider that the Agents are in breach of contract for inaccurately describing the property. Although this was an error on their part, I consider that they have not honoured their part of the contract, and I no longer have any confidence in the agents.
I have requested an immediate termination of the contract with no strings attached.
I suspect I might be in for a battle and would appreciate any thoughts on the matter.
Thanks

Grenage

It's probably an honest mistake; I'd probably have a calm and collected conversation in person - before loading the missile launchers.

Perhaps they can pull the listing and re-add your property; I'm not an EA so I'm not sure of the RM intricacies.

pmlindyloo

Davethevet wrote: »

I placed my "detached" bungalow with a local estate agent to sell nine weeks ago.
Photos were taken, the board went up, the property particulars were produced and approvedby me and the property placed on the agents website and Rightmove and others sites.
I've had one viewing only which is disappointing as it is in a very desirable village location.
A friend pointed out to me yesterday that the property is described as "semi-detached" on the websites. I immediately contacted the agents, who admitted their error and they have corrected the description on the websites.
This error will have dramatically affected the property's search detection on the websites and also it would appear grossly overpriced for the wrong category of property.
I consider that the Agents are in breach of contract for inaccurately describing the property. Although this was an error on their part, I consider that they have not honoured their part of the contract, and I no longer have any confidence in the agents.
I have requested an immediate termination of the contract with no strings attached.
I suspect I might be in for a battle and would appreciate any thoughts on the matter.
Thanks

Mmmmm, my thoughts.

Why didn't you notice the error? Didn't you look at the websites?

But at the same time the estate agent should have checked them selves.

So, you want to end the contract early because you have lost faith in them?

Can you show from your contract with them that they have breached it? Read it thoroughly and see exactly if the contract specifies anything that would back up your claim.

Otherwise you will have to rely on their goodwill.

Personally I would try for a reduction in fees or threat of an adverse review of their agency if they refuse an early termination of the contract (don't forget to get this in writing)

To be honest it is difficult to quantify your loss unless you can prove that it would have sold much quicker/allowed you to buy the house of your dreams etc etc.

Good luck!

Davethevet

Maybe - but pretty basic for a "professional". Akin to a surgeon amputating the wrong limb!

Grenage

I'm pretty sure I'd be more upset if a surgeon had cut off the wrong arm.

Davethevet

I found this on the Homeowners Alliance regarding new rules in 2013 that Agents are legally bound to do:

Ensure that any information they provide, in writing, in pictures or given verbally, is accurate. Breaches might include falsely claiming to be a member of a professional body, misdescribing a property for sale (a 100ft garden when it ends up being 80ft, for example) or making unfair comparisons with competitors.

Ok - so it may have been a mistake, but that doesn't absolve the Agents from their due diligence.
And no, I didn't check the websites, as I had approved the particulars from the Agents (which were correct), and I didn't feel the need to waste time doing further checks.That's how they earn their commission isn't it?

pmlindyloo

Since you appear to have it all in hand then go for it.

Not sure why you asked for opinions!!!

hazyjo

I had to give an EA details of my house back with more ink on it than when they gave it to me. SOOOO many mistakes. They also wrongly listed it on RM as having I think one less bedroom or something.


I did drop them as soon as their contract expired and remember saying something about breach of contract - I think they lost me my first buyer.


I'd also lose faith, but would prob wait until the contract expired.


See if they'll add it as a featured property. Make 'detached' clear in bold. If someone was literally searching for detached properties, this will now come up on their searches so you've only lost time.


Isn't there a pic of the front of it? Isn't it obvious? Did the heading say detached? Did the actual details you approved?


Jx

Davethevet

Not obvious from photo.
Website said 'semi-detached'.
Written particulars from agent said 'detached'.
Thanks for advice

davidmcn

Davethevet wrote: »

Akin to a surgeon amputating the wrong limb!

I'd probably have queried that in less than nine weeks.

maninthestreet

Davethevet wrote: »

Akin to a surgeon amputating the wrong limb!

Does the EA have a leg to stand on?