Terminating Estate Agent Agreement

SueTheBlue

Hi everyone, looking for some advice.

I recently took my house off the market as I had changed my mind about the house I was purchasing, it just wasn't right for me. I had to withdraw from the chain I was in, and instructed my estate agent to take my house off the market for the foreseeable future until I have a rethink. I do intend to put the house back on the market within the next 3 months or so. At the time I asked my estate agent if I needed to give her 28 days notice in writing for the termination of the sole agency agreement I had with her (the house was originally put on sale in May 2017, and there was no time period stated on he agreement) She said it didn't matter as I would probably come back to her at a later date, which I thought was a bit presumptuous, as I wasn't that impressed by the way I was treated during the sale and purchase that was ongoing (lots of pressure to vacate my property in order that my buyers could move in,even though there was a legal issue with the house I was purchasing, and I wanted to get that sorted before I purchased it). Since then I have emailed her again and she said I don't need to do anything formally, she had just assumed that I needed some time to make decisions.

Sorry for the long ramble, but I'm concerned that if I don't actually put anything in writing, and decide to sell with another agent later on, which is likely considering I wasn't treated very well, the current agent may try to claim that I owe her commission.

Has anyone had a similar experience? Is it wise to take a written termination in to the estate agents office anyway, just so I know I've done the right thing legally? Grateful for any help on this.

Sue

Comms69

What does your contract say????

SueTheBlue

Comms69 wrote: »

What does your contract say????

"We will act as your sole selling agent with sole selling rights from the date of this agreement.

Our sole selling rights will continue until terminated by either party giving 28 days notice in writing. You will be liable to pay fees to us in addition to any other costs or charges previously agreed in writing if at any time unconditional contracts for the sale of your property are exchanged in the period during which we have sole selling rights, even if the purchaser was not found by us, but by another agent or person, including yourself or after expiry of the period or with whom we had negotiations about the property during that period. Instructing another agent at any other time during the period may render you liable for fees to both agents".

Comms69

So give written notice of 28 days. It's what you agreed to.

googler

.. and ask for a list of those who they consider they have introduced during the agency period.

SueTheBlue

Comms69 wrote: »

So give written notice of 28 days. It's what you agreed to.

Thanks for the advice. I'm going to put it in writing and take it personally to their office.

Sue:D

SueTheBlue

googler wrote: »

.. and ask for a list of those who they consider they have introduced during the agency period.

Thanks for the advice.:D

Mortgage_Adviser

SueTheBlue wrote: »

take it personally to their office.

Sue:D

Bad idea. They coiuold claim you never did it. Send them an email or recorded delivery letter as this will be your evidence of serving the 28 days notice

DaftyDuck

Hang on. If you were in a chain, you had a buyer. Is there not a "ready, willing and able " clause in there? Your withdrawal could cost you the full selling fees.

If the agent has allowed you to withdraw from the market and not impose such a charge, you might want to tread more carefully before unceremoniously dumping their services. It could, possibly, bite you in the wallet.

SueTheBlue

DaftyDuck wrote: »

Hang on. If you were in a chain, you had a buyer. Is there not a "ready, willing and able " clause in there? Your withdrawal could cost you the full selling fees.

If the agent has allowed you to withdraw from the market and not impose such a charge, you might want to tread more carefully before unceremoniously dumping their services. It could, possibly, bite you in the wallet.

There is no "ready, willing and able" clause in the contract, so I can't see that being an issue.

SueTheBlue

Mortgage_Adviser wrote: »

Bad idea. They coiuold claim you never did it. Send them an email or recorded delivery letter as this will be your evidence of serving the 28 days notice

Thanks, you do have a point there, an email would be a better bet.