Estate agent contract - cooling off/walking away

TF03

Hi all,

Just a quick update. We stuck with the agents and they have organised a few viewings of late but still not as many as we would have expected. Maybe we had our expectations set too high.

Anyway, this evening we discovered that they still have our place listed incorrectly almost 2 months down the line (this is after numerous alterations already due to errors).
Right at the bottom of the ad, it mentions the leasehold which we had renewed when we moved in 2015. So currently it's 122 years left or so.
However they have it as renewed in 2004. So quite a difference.

Yes, we should have maybe picked it up earlier but surely it's their job to make sure its right! (We know we gave them the right details as we still have a copy of the form).

Would any of you be asking for a discount on the fee for this?

greatgimpo

TF03 wrote: »

Would any of you be asking for a discount on the fee for this?

You can ask... but you're unlikely to get one.

victoriavictorious

What type of contract did you sign (sole selling rights? Sole agency? Ready, willing and able purchaser?) And how long is your tie in period?

eddddy

TF03 wrote: »

Would any of you be asking for a discount on the fee for this?

It's unlikely you'd get a discount.

Assuming you've signed up to pay on exchange/completion, you'll be paying them for selling your property.

If they sell it, the full fee will be due.

(I doubt that the contract says anything about reducing the fee, if details in the listing are inaccurate.)

moneyistooshorttomention

Time to head into their office in person and see the person in charge - complete with a typed list (copy kept) that you hand to them and get them to sign for of your specifications listed as to "how to do the job properly".

Tell them they have precisely 7 days to "do the job properly" in or you will consider THEY have cancelled the contract.

If that doesn't work - maybe a visit to them one or two hours before the end of Day 7 saying "As you obviously don't have any intention of fulfilling the contract - sign here on the dotted line (of the letter I have prepared for you) saying the contract is at an end". Letting them know, if need be, you are off to the local papers the following day if they try not to sign/and to hold onto you as a client (...and meaning it...).

TBagpuss

make a formal, written complaint now.

Set out details of the specific errors and the previous times you flagged them up.

BE clear about what you are now seeking (e.g to end the contract on the basis that you will have no liability to them for any costs in the event of a later sale / for them to correct all of the errors within x day, and to send the revised particulars to you in drat before updating them / for them to correct the errors and to discount their fees)

Read the contract - what does it say about how long you are tied in to using them? If that time is coming to an end, then still make the complaint but also consider moving to a different agent as soon as the tie-in period is over.

Smodlet

Better yet, perhaps, go in, see the boss with your typed list of correct details and tell them you will cancel the contract unless they amend your advertisement while you watch them. Do not leave until every last thing is exactly as you want it.

This EA is clearly incapable of working unsupervised and is making the universal, lame excuse, "nothing is selling" which they all use to cover up their incompetence. I would rather have an EA who is a right **** who gets the job done, rather than a nice one who is useless, personally.

TF03

Thanks for your thoughts everyone! It's made a bit more complicated by the house we really like and are just about to offer on is through the same agent!

We will get out offer out the way today, and the two viewings they are conducting on ours before dealing with this otherwise we may confuse them even more...

Smodlet

TF03 wrote: »

Thanks for your thoughts everyone! It's made a bit more complicated by the house we really like and are just about to offer on is through the same agent!

We will get out offer out the way today, and the two viewings they are conducting on ours before dealing with this otherwise we may confuse them even more...

No saying you have to use the same agent to buy and sell, of course, but it ought to motivate them, really; two sets of commission rather than one. I think it is time to be firm with them. You are the customer; they are not doing you a favour by marketing your house. Far too many of them forget that.

Good luck.

Mossfarr

fabmichelle wrote: »

Sorry to jump into this thread but have just read "Your biggest problem is a leasehold, no one with any sense is buying leasehold.. "

As I am potentially about to buy a 999 year leasehold property as a buy to let, would like to know the reason why "no one interested in leasehold"?
Thanks in advance

Yours should be absolutely ok, but you (and your solicitor) need to check the terms of the lease so you know exactly what you are taking on. Its the terms of the leases on newer properties that are causing the problems. They often have high ground rents which double every five years so can work out massively expensive over time - just a money making scam by the developers.
Also, as a leaseholder, you have to seek permission from the freeholder before you can make changes ie adding a conservatory, putting up fencing etc. The Freeholder will charge you a fee each time you apply (mine is £150).

I purchased an ex local authority property with a 999 year lease a few years ago, the ground rent was 'one peppercorn per annum' ie nothing to pay.
It caused me no problems whatsoever but I decided to buy it from the Local Authority so I would avoid any future issues when I decide to sell. It cost £1548 in total (£500 for the lease, £500 for the L.A's legal fees and £548 for my legal fees).
Money well spent as far as I am concerned.