Estate agent greedy for his commission - 92 year old mother

eddddy

It's fairly easy to resolve this.

Your mother has a 14 day cooling off period. Tell her to cancel in writing.

Even if the 14 day cooling off period had finished, your mother can just say she won't accept any viewings. The EA won't annoy prospective buyers by sending them round, if they think your mother won't let them in.


But whatever approach you take, make sure the contract is cancelled in writing - otherwise it potentially runs on indefinitely.

Bluebirdman_of_Alcathays

Small_Yeti wrote: »

Guest 101 I appreciate that you think you're helping. I don't know what you do for a living or who you have dealings with. I do know what I do for a living and I do know who I have dealings with though. From the sounds of it you are an antagonistic keyboard warrior who thinks they know stuff but doesn't seem to have any credentials. Honestly this may be wrong but this is how you are coming across.

As I mentioned, ultimately her mother is responsible for any contract that she may or may not have signed, however, if coercion was used in the signing of that contract then the contract is not legally binding. The OPs Mum appears to possibly be vulnerable and to have been subjected to three hours of pressure to sign this contract. The OPs Mum has the right to delegate whomever she wants to speak on her behalf whatever you may believe. And I know this because I am delegated to deal with several people's legal proceedings on their behalf for very similar reasons.

Add something constructive or just keep quiet.

Unless somehow Knight Frank or Savills knocked the OP's mother's door, I doubt very much a call to RICS is going to help.

davidmcn

Small_Yeti wrote: »

The OPs Mum has the right to delegate whomever she wants to speak on her behalf whatever you may believe.

Yes, but without anything evidencing that that's the case, the EA is entitled to (and in fact, should) ignore the OP.

Doozergirl

It would be interesting to know what mother has to say about it all?

We've heard from the agent's manager, the OP and the neighbours but neither of the people party to the meeting. That would be my priorty before getting irate.

Small_Yeti

Bluebirdman_of_Alcathays wrote: »

Unless somehow Knight Frank or Savills knocked the OP's mother's door, I doubt very much a call to RICS is going to help.

It may be the area I live in but the Estate Agents in my neck of the woods are all regulated by RICS. My Estate Agent knowledge isn't extensive, I'm aware of that. My Law knowledge though - that's good.

I fired off a quick post because I felt so bad for the OP if her Mum has been pressured as described.

Guest101

Small_Yeti wrote: »

Guest 101 I appreciate that you think you're helping. - Sure I read that somewhere just now. I don't know what you do for a living - Not really relevant is it? feel free to ask though. or who you have dealings with. - literally tens of thousands of people. I do know what I do for a living - that's great and I do know who I have dealings with though - that is useful. From the sounds of it you are an antagonistic keyboard warrior - that's lovely. who thinks they know stuff but doesn't seem to have any credentials - What kind of credentials would you like? . Honestly this may be wrong but this is how you are coming across. - You're new to the forum, perhaps give it some time, you'll see that I do help people

As I mentioned, ultimately her mother is responsible for any contract that she may or may not have signed, however, if coercion was used in the signing of that contract then the contract is not legally binding - I didn't disagree with that, though proving it would be pretty difficult . The OPs Mum appears to possibly be vulnerable - on the basis of age alone? and to have been subjected to three hours of pressure to sign this contract. The OPs Mum has the right to delegate whomever she wants to speak on her behalf whatever you may believe. - Again I didn't disagree with that. But speaking on someones behalf is not the same as having power of attorney And I know this because I am delegated to deal with several people's legal proceedings on their behalf for very similar reasons. - Do you work for CAB?

Add something constructive or just keep quiet.

And finally - No

HiToAll

Bluebirdman_of_Alcathays wrote: »

Unless somehow Knight Frank or Savills knocked the OP's mother's door, I doubt very much a call to RICS is going to help.

I would call the GMC, or the TUC, or maybe the NUM, failing all three, Batman

Small_Yeti

Susieee, genuine apologies that your serious post has been disrupted by bickering. I should not have got annoyed by Guest101. I do hope that your mother and you manage to sort this out properly and to both of your satisfactions

vuvuzela

The cooling-off period has probably expired - most agents have a clause in their contracts for a customer to sign to waive their rights to cooling-off and hence the property be marketed immediately. You need to find and thoroughly check the contract asap.

eddddy

vuvuzela wrote: »

The cooling-off period has probably expired - most agents have a clause in their contracts for a customer to sign to waive their rights to cooling-off and hence the property be marketed immediately. You need to find and thoroughly check the contract asap.

The EA can't rely on that any more.

Importantly for those agents who give the vendor the option to sign away the right in order for agents to begin work immediately, consumers will nevertheless have the right to cancel a service which has begun within the cooling-off period.

Link: http://www.propertyindustryeye.com/new-cooling-off-period-to-be-extended-to-14-days/