Get Out Clause Online Estate Agents?

Hillbilly13

Hi,
At the end of last year I was considering moving to what I thought was a cheaper area in order to put some cash in bank for me to live on.
I asked an online estate agent to give me a quote, and shortly after that I agreed to use their services. I took the bait of a special offer of £675 10 month fixed fee agreement. The agent took some photos and measurements of the rooms, along with very brief descriptions of the rooms. My house went online on 1 December.
However, I had a serious leak in my house on 13 December and I told the agent I wanted the listing to be taken off all the websites, which they did. They rang me after that and tried to arrange an appointment for a viewing and I told them I wan't selling at that moment.
In the meantime the cheaper houses I was interested in were sold and all subsequent listed properties were in effect more expensive than my own, therefore there was no longer an incentive to move.
I can't afford to pay the £675 in November. Is there any get -out clause for these contracts? No-one came round to view, and I postponed the listing within,/or around two weeks.
I have no written copy of what I have signed, so all in all I have been pretty stupid and impulsive in this whole affair.Is there no "cooling down" period? Or do they ever reduce the fee if the full service hasn't been given?
I know I am clutching at straws here, but I think I should at least have been given copy of the contract. My head was swimming at the time I embarked on all this.
What can the agent do if I cannot pay?

ssparks2003

Without knowing which estate agent it is and what the terms were that you signed up to the best answer anyone could give you is: possibly, maybe but maybe not.

ThePants999

I'm confused. What's all this about "I can't afford to pay the £675 in November"? It's May! Is the agent now chasing you for the money? And you still can't afford to pay? There's a bunch of missing information here...

FWIW, if your property ended up on the portal sites then the agent had frankly provided most of their service. "What can the agent do if I cannot pay?" - they can take you to court, obviously. Them not having provided you with any terms won't make the judge best pleased, but unlikely it'll be to the extent that he doesn't hold you liable for anything...

Cakeguts

Why can't you afford to pay it in November? You have got plenty of time to do some saving.

G_M

Hillbilly13 wrote: »

I asked an online estate agent to give me a quote, and shortly after that I agreed to use their services.
1. Agreed how?
2. On what (exact) date?

I took the bait of a special offer of £675 10 month fixed fee agreement.
Does not sound like a bait. Sounds like a contract to market a property.

The agent took some photos and measurements of the rooms, along with very brief descriptions of the rooms. My house went online on 1 December.
So the agent has done their side of the contract.

However, I had a serious leak in my house on 13 December and I told the agent I wanted the listing to be taken off all the websites, which they did.
3. What exact date did you say this?
4. How exactly did you inform the agent (phone? letter?)
5. What exact words did you use?

I can't afford to pay the £675 in November.
6. How did you intend to pay this when you 1st signed up?

Is there any get -out clause for these contracts?
7. What eactly does the contract say with regard to payment
8. What eactly does the contract say with regard to cancellation?
(I can't read it from here)

No-one came round to view, and I postponed the listing within,/or around two weeks.
Ah! See earlier questions regarding exact dates etc

.Is there no "cooling down" period?
Possibly. See questions above.

Or do they ever reduce the fee if the full service hasn't been given?
Perhaps. If asked.

What can the agent do if I cannot pay?

Sue you via the courts.

Hillbilly13

As stated, I am on very tight budget, intended to pay out of profits of sale. It obviously hard for you to comprehend, but having enough money to eat and pay heating bills, definitely nothing left over to save.
The bait part of it,, he made this special offer of a reduced price over the phone. I don't know exactly what the contract says as I didn't get a copy. I understand this may end up in court, just hoping that's all. Some of us are actually that poor.
Informed agent over phone. House had just flooded not few days before, so quite busy actually., so only approximate date I am afraid. Around that time anwyay.

kelpie35

Well if things are that tight for you at the moment would it not be wise to sell up now and look to go into rented accommodation till your finances improve.

Thrugelmir

Hillbilly13 wrote: »

I don't know exactly what the contract says as I didn't get a copy. .

Then the contract is unenforceable.

G_M

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