Estate agent breach of contract on sale

tealady

Doesn't sound as if there has been much 'arm in it.

swingaloo

Davethevet wrote: »

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

I think the long term effects of a surgeon amputating the wrong limb would be far more severe than losing a few weeks on a house sale. That really would be grounds for compensation.

Ive been on Rightmove and Zoopla an awful lot lately and is quite common to see mistakes. Ive seen 'houses' which on closer inspection were actually flats.

I really dont understand why you would not look at the website yourself just out of pure curiosity to see how the pictures looked.
Isnt that how your friend came to see it and notice that it was incorrect.

Its a minor mistake, which is irritating and could have lost you a few weeks but its going to take longer to start again with a new agent coming round to take pictures.

TBagpuss

OP, what does your contract say about the notice period and contract period?
I'm a little surprised that you didn't look at the listing yourself - things don't always look the same on screen as they do on paper and you don't get to see things such as how photos are labelled or what order they are in, unless you check.

Unless there were other errors or issues with the agents then it may be more appropriate to ask about things such as premium listing, making your house their 'featured property' in their next newspaper ad. etc.

Clutterfree

Why didn't you to check out the listing when it went live?
It was the first thing I did to ensure I was happy with it.
Or did you look and you failed to notice their error too?

Tbh I've never searched under property type, i.e. detached, semi-detached, I only looked under area and price range so I'm not sure their mistake would have had that big an impact on your viewings.

marksoton

Davethevet wrote: »

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

Whatever makes you think EA's are "Professionals"?

Anyway, that aside i think you're making a bit of a mountain out of a molehill. Life's simply too short.

G_M

Agents usually ask you to apprve the details either before they are released, or immediately on release.

Indeed I'd be surprised if that was not a requirement on your part specified within the contract - have you checked? It could be you who is in breach of contract!

Putting the legalities aside, it is in fact only common sense when selling that you check what your agent is doing - where/how they are advertising.

And if you are not getting responses within the first couple of weeks, surley at that point you'd be asking yourself, and the agent, why? And checking the listings for possible impovement?

But fine, see if they'll agree to release you early from your contract (get it in writing!).

If not, make sure you give the proper notice, in good time. Do not rely on just waiting for the minimum contract period to expire. That does not end the contract.

AdrianC

Davethevet wrote: »

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

If it's that unobvious, is it one of those "detached" properties where it's a matter of opinion whether it's detached, semi- or that gawdawful denial of reality... "link-detached"?

Clutterfree wrote: »

Tbh I've never searched under property type, i.e. detached, semi-detached, I only looked under area and price range so I'm not sure their mistake would have had that big an impact on your viewings.

Likewise. It's rare to find something where the clickable filters are actually correct.

Sorry, OP, I'm with the "mountain, molehill - should have checked" crowd on this. If that's the biggest problem the details have, then you're ahead of average.

Go on, link... You know you want to.

csgohan4

nine weeks lol and didn't notice.


That's like not noticing a surgeon swapping your hand for a foot and complaining later when you couldn't get your happy time .

Davethevet

Why should I have to check what the Agents have done? Isn't that why I will be paying them their commission when I sell - or have I got this wrong?
If no one challenges Agents in these matters, they will happily carry on doing what they do in the knowledge that there will be no comeback on them.

csgohan4

You can never trust EA nor accept they are professionals, which ever side they are working for. Assume the worst in them and you won't go wrong in life.


Get everything in writing (Not email) and if their lips are moving, their lying.


I wouldn't put it past the EA to claim their buyer's fee when their contract expires even if they had no dealings with the buyer.