Very bad estate agents, advice needed urgently re sole contract selling rights

Becks045

...I've had two seperare people phone my EA to see if they even mention my property which is for sale, let alone sell it and to my shock on both occassions the person was told that the sales staff were in a meeting and would call back and no-one ever has.

My mystery caller made it clear that they were in no chain, a cash buyer and what criteria they had.

My EA have been useless from the outset for example, they took 3 weeks to put up a for sale sign which I had to chase.

When they sent someone round to measure up for the details, they didn't know so hadn't got a tape measure with them, it took another 5 days before they could come back out.

The property details how typos on which I had to correct.

They don't ever come back with feeback.

I'm convinced that everytime I've moaned at them, the following day they get a viewer interested, make the appointment and then its a no-show and they can never get back in touch with the person.

The PROBLEM. I signed a sole agency contract and want out now. If I kick-off, surely they are in some way in breach of their contract, so can be terminated straight away?

I can't bear the thought of this for another 7 weeks plus they are getting us no viewings and their only suggestion is new photos yet despite me saying yes and asking them to do this they haven't.

Thoughts, advice, please?

pinksteviegirl

I have no legal knowledge but this what I would do.

Make a list of all the things you want done, and what you expect and give them 7 days to act on them - letting them know that if they don't that you will go the the EA ombidsman (spelling!) - this normally gets the wheels turning - My EA was rubbish and I had to ring them every 2 days = and I told them that if they didn't return my calls I would call every day all day until they gave me some news. I even had to put 141 before I rang thier number coz they recognise the telephone numbers and i'm sure they wouldn't pick up if they saw that I was calling.

Badger, badger, badger and make a formal complaint.

Good luck.....

pcwilkins

What part of the contract do you think they have breached? Can you give us the exact wording of the clause(s) you think they've broken?

pinksteviegirl's advice is good, but at the end of the day unless they really have broken the contract you may have trouble ending the sole agency agreement. And as far as I know there is no "EA ombudsman" as such, though there are various voluntary schemes that EA's can join. It's worth checking the website of your EA to check they are part of a scheme, because if they are not and you then threaten to "go the the EA ombudsman" it will only be an idle threat.

Peter

Becks045

They are not a member of the NAEA so I can't really threaten to go to them.

They claim they will market & sell the property.

I can't see how on 2 seperate occassions someone has called with a spot on brief on my property and they haven't called them back.

I am so sure they have made up potential applicants as well. Although I can't prove this.

I am just really angry with myself for signing a sole contract knowing now how crap they are. I'm tempted to say sue me, take me to court as I'm sure they won't bother. They can't even organise to return someones call so...??!!!!

Debt_Free_Chick

Becks045 wrote: »

I am just really angry with myself for signing a sole contract knowing now how crap they are. I'm tempted to say sue me, take me to court as I'm sure they won't bother. They can't even organise to return someones call so...??!!!!

I can see that you might be tempted, but a small court claim is relatively easy to deal with - especially if they've "been there before"!!! So be careful.

I think you're difficulty is that they have certainly been guilty of poor service - but probably not guilty of a clear breach of contract.

My own suggestion is that you have a "face-to-face" meeting with the manager and clearly set out your complaints. This, alone, ought to be sufficient for them to buck their ideas up. In any event, 7 weeks in a slowing market is not too long to wait.

Odd, isn't it - they have a clear financial incentive to sell your property, but fail to make a good attempt to do so

Gwenrose

I don't suppose you would like to let us know who these EA are, just so that we can be for warned if some one wants to use them?

We are changing our EA because they are pretty useless, they just love sending people round who are 'just checking out the market for when they put their house on in the future', lot of good that is and they can't understand why we are changing EA!:mad:

davef

pcwilkins wrote: »

What part of the contract do you think they have breached? Can you give us the exact wording of the clause(s) you think they've broken?

pinksteviegirl's advice is good, but at the end of the day unless they really have broken the contract you may have trouble ending the sole agency agreement. And as far as I know there is no "EA ombudsman" as such, though there are various voluntary schemes that EA's can join. It's worth checking the website of your EA to check they are part of a scheme, because if they are not and you then threaten to "go the the EA ombudsman" it will only be an idle threat.

Peter

Yes there is a EA ombudsman - try this link
http://www.oea.co.uk/

Okay, I have dealt with contract law for some years and have amongst others been released from tie-in contracts with NTL, AOL and more recently Vodafone. Any contract is an agreement between 2 parties who must both 'perform'. All suppliers have a 'duty of care' to ensure standards of rssonable performance are met. Take a look at the Supply of Goods & Services Act 1982.

What you need is dates, witnesses, missed actions, examples and evidence of other performance issues that you can detail & prove. Write a letter inc these issues (example below) and send it to estate agents office manager, asking for a follow up meeting.

Dont be afraid to tackle poor peformance, too many consumers accept 3rd rate service when you are paying for their service.

Read this draft letter, which will give you an idea of your legal rights in certain important areas. Then adapt it for your purposes in writing to the trader.

Add your address and the date

Add the trader's address

Dear Sir/Madam [or Manager's name if known]

Supply of Goods & Services Act 1982 (as amended)

On [insert date] I had the following service from you :-

[Specify the details of the installation, repair or other service which you are complaining about. Give any reference numbers, for example on invoices, which will help the trader to identify the transaction.]

Under the Supply of Goods and Services Act 1982, the service should be carried out :-

• with reasonable care and skill
• in a reasonable time [unless you have agreed a specific time with the trader - then you are entitled to hold him to that time]
• for a reasonable price [unless you have agreed a specific price with the trader, in which case you can hold him, and he can hold you, to that price]

In addition, any goods/materials supplied should be:-

• of satisfactory quality
• fit for their purpose
• as described

Unfortunately this service is not satisfactory and/or the goods supplied are not satisfactory because [give as full a description as possible of the problem]

I would appreciate a response within 14 days outlining your proposals to resolve this matter. Otherwise I will have to consider further action, if necessary through the small claims court.

Yours faithfully/sincerely/etc.


Even if they are not members of the NAEA, the Ombudsmans code of practice makes interesting reading and will give you a few pointers. There is an Act that is seeking Royal approval that will 'force' all estate agents to be members of an approved redress scheme. Cannot come fast enough if you ask me.

Hope this helps. Let me know how you get on.
Dave