Terminating Estate Agent Agreement

DaftyDuck

SueTheBlue wrote: »

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

Phew!

Mind you, that's pretty unusual and generous...

Slithery

Mortgage_Adviser wrote: »

Send them an email or recorded delivery letter as this will be your evidence of serving the 28 days notice

Email has never been guaranteed to arrive at its destination at all, it's just not built into the protocols. You also shouldn't use recorded delivery as people can refuse to sign for it, get 'proof of posting' instead.

eddddy

I'd send by email, and expect to get an email reply confirming the termination within a day or two.

If I didn't get a reply within a day or two, I'd just phone and ask why.

(The T&Cs of one EA I used even specified that terminations must be sent by email to a specific email address.)

[Deleted User]

Why not go into the agency, hand the envelope over to the receptionist, show them what it is and get them to sign a receipt. Sorted.

ThePants999

DaftyDuck wrote: »

Phew!

Mind you, that's pretty unusual and generous...

Disagree. Ready, willing and able clauses are underhand and inappropriate and people are advised not to sign contracts that contain them, so I believe they're (becoming?) uncommon. I've not had one even proposed to me.

Edit: http://www.propertyindustryeye.com/ombudsman-expresses-surprise-that-ready-willing-able-is-part-of-any-agents-contract/

Mutton_Geoff

SueTheBlue wrote: »

"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 ....

Is this agent part of Countrywide PLC? Terminate the agreement, do not sign another open ended “sole selling rights” contract again and hope that your eventual buyer was not registered with the agent during the period the contract was live.

Don’t expect the agent to provide a list of people they view as their introductions, they won’t.

SueTheBlue

Mutton_Geoff wrote: »

Is this agent part of Countrywide PLC? Terminate the agreement, do not sign another open ended “sole selling rights” contract again and hope that your eventual buyer was not registered with the agent during the period the contract was live.

Don’t expect the agent to provide a list of people they view as their introductions, they won’t.

Thanks for the advice. No, its not Countrywide. There's pretty much no chance of anyone else having being introduced to the property anyway as it was taken off the market from being sold. EA still has a key, so I'm going to retrieve that on Monday, and take in a termination letter, will ask for a signed receipt, and hopefully that's the end of it.

Mutton_Geoff

SueTheBlue wrote: »

Thanks for the advice. No, its not Countrywide. There's pretty much no chance of anyone else having being introduced to the property anyway as it was taken off the market from being sold. EA still has a key, so I'm going to retrieve that on Monday, and take in a termination letter, will ask for a signed receipt, and hopefully that's the end of it.

The agent's name might not be Countrywide but they may be what appears to be a local name under the Countrywide banner. Those contract terms certainly seem familiar territory for Countrywide.


"hopefully that's the end of it"

Unfortunately not necessarily. Your contract says "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 ...."


Countrywide in particular have a head office department that checks every land registry change and checks their database to see "if at any time" one of their agents had contact with that purchaser.


I know from experience since Countrywide took me to court (and won) after I had legitimately cancelled my contract with them, appointed another agent, asked them to provide me or the new agent a list of people they viewed as their introduction (they ignored repeated requests). My purchaser had viewed the property with Countrywide and made an offer which the agent forgot to pass on to me. Months later, their invoice came through and I tried to defend it in court. I lost. The judge/magistrate said that an "introduction" to the property could be as little as a prospective purchaser seeing the agents board outside. So please be careful.


Apparently Countrywide have new directors who are trying to change the reputation of their firm but don't count your chickens just yet.

SueTheBlue

Mutton_Geoff wrote: »

The agent's name might not be Countrywide but they may be what appears to be a local name under the Countrywide banner. Those contract terms certainly seem familiar territory for Countrywide.


"hopefully that's the end of it"

Unfortunately not necessarily. Your contract says "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 ...."


Countrywide in particular have a head office department that checks every land registry change and checks their database to see "if at any time" one of their agents had contact with that purchaser.


I know from experience since Countrywide took me to court (and won) after I had legitimately cancelled my contract with them, appointed another agent, asked them to provide me or the new agent a list of people they viewed as their introduction (they ignored repeated requests). My purchaser had viewed the property with Countrywide and made an offer which the agent forgot to pass on to me. Months later, their invoice came through and I tried to defend it in court. I lost. The judge/magistrate said that an "introduction" to the property could be as little as a prospective purchaser seeing the agents board outside. So please be careful.


Apparently Countrywide have new directors who are trying to change the reputation of their firm but don't count your chickens just yet.

Thanks for the reply and the heads up about Countrywide, I had no idea they had smaller estate agencies under their banner, and the fact they check up with the Land Registry, they sound like a real bunch of cowboys to me. Sorry to hear about your experience with them and hope that your court costs weren't too high:(

I checked a few estate agents online and they had the Countrywide name at the bottom of their web pages, in very small print. The estate agent I used doesn't appear to have that on their website, so I guess that is a good sign, but she does seem to have copied the Countrywide terms and conditions pretty accurately. Still intending to take my letter in on Monday, and get a signed receipt, and my keys back.

Thanks again for the reply:)

steampowered

The easiest thing to do is just send a short, polite email formally giving 28 days notice in line with your contract.

Ask the recipient to acknowledge receipt. They will email you back, and that is proof they received it.