Selling, viewings issue...

Howsicus

Hello!
We've currently given notice on our instruction to sell our property.
We've lost the property which we were going to buy, have no interest in moving anywhere else, so have no intention to sell.
The agents are aware of our situation, have accepted our notice of termination, but are now going hell for leather to get us our asking price, purely for the reason of obtaining 10% of their costs when we don't carry it through.
Is there any legal justification in our refusing viewings?
Is there any way out of this without just going through the motions until the contract ends?
We would object wholeheartedly to having to pay the agents anything to be honest, (fully aware that this may be a rotten thing to say as everyone has to earn a living...) but it really is a lot of money which we would be happy to pay if we were moving, but we're not...

davidmcn

What does your contract say about it?

PasturesNew

Unless it's one very specific house you've lost, then I'd say it's not a bad move to sell and be able to buy the next one from a position of strength.

I had a neighbour who only wanted to live in one road. Every time a house came up for sale there she put hers on the market, but hers never sold before the one she wanted was sold. It was 10 years before she was able to sell her house and move, missing out on 1-2 houses she wanted during that time. I've no idea if she ended up in the road she wanted to be in, or just gave up.

Howsicus

Do you mean our contact at the estate agents? They haven't taken our situation into consideration imho and are continuing to show the property even though we've told them we won't be selling..

davidmcn

davidmcn wrote: »

What does your contract say about it?

Howsicus wrote: »

Do you mean our contact at the estate agents?

No, your contract. The thing which may (or may not) say what your obligations are in relation to viewings.

Howsicus

It was a specific place, unique, and a complete lifestyle change...
Thanks to the drop in the pound, and "Brexit" (apparently...) the offers we received would not have funded the project.

We did receive receive one offer which would have worked, went ahead and made an offer on the new place, got a survey done and all...only for the offer to be withdrawn, so we're out of pocket already...

Howsicus

AH! sorry, haven't put my glasses on...hang on...
Got 'em, that's better...!

Have looked at the agreement we signed, and searched the info they gave us, and can find no mention of regulations regarding viewings...

eddddy

You need to read your contract to see what payments you have agreed to.


But typically...

...if there is a withdrawal fee - you would have to pay whether or not they get get an offer, and however long the contract has lasted.

... if there is a "Ready, Willing and Able buyer" clause, you have to pay the EA 100% (not 10%) of their fee if you withdraw after they've introduced a ready, willing and able buyer.

I've heard some EAs claim that if they get a full price offer, that's good enough for them to claim under the "ready, willing and able buyer" clause. Is that what you suspect they are trying to do?


But some EAs put very creative terms in their contract - so you need to read yours. (Although you should have read it thoroughly before signing.)

giraffe69

If it turns out that the agents introduce a proceedable client before the end of the contract period and wish you to pay their fees the you would surely only do that if there was actually a sale. I'm sure there are subtle ways to lessen that likelihood. People always talk of the smell of freshly baked bread or fresh flowers to increase the likelihood of a sale. There must be the opposite to lessen the likelihood. Perhaps the rotting pilchards you are so fond of or the dying dandelions in a jam jar on the mantelpiece.

Crashy_Time

PasturesNew wrote: »

Unless it's one very specific house you've lost, then I'd say it's not a bad move to sell and be able to buy the next one from a position of strength.

I had a neighbour who only wanted to live in one road. Every time a house came up for sale there she put hers on the market, but hers never sold before the one she wanted was sold. It was 10 years before she was able to sell her house and move, missing out on 1-2 houses she wanted during that time. I've no idea if she ended up in the road she wanted to be in, or just gave up.

Should have rented, what a waste of time.

Person_one

If you're doing the viewings yourself, or present for them, then just tell any viewers that you don't wish to sell anymore and don't plan to move.

The estate agents will soon give up when they realise they aren't going to get anything.