Estate Agent Contract

naughtyjo

Hi I signed a sole selling rights contract with my EA but it has 2 paragraphs that explain if I sell during this period through another agent or myself I have to pay the commission and if after the sole rights finish any sale in 6 mth to someone they introduced etc I have to pay. Now I totally understand that but I rang my EA today to say I was planning on instructing a second agent to sell my property as basically the current EA had not got me any viewings for 6wk.
They said I can’t use another EA as they have sole selling rights
My understanding was they don’t have sole agency rights just sole selling.
I have no problem paying them if they get me a sale or if another sale is agreed during the sole selling period but I disagree that I. CAnt market or use a second agent. There is no clause in my contract saying this.
Can anyone advise? Thanks

eddddy

It sounds like you might have misunderstood the contract.

'Sole Selling Rights' means they are the only people with the right to sell your property (during the contract period).

In reality, you might be able to instruct a second EA, but if the second EA sells your property - you will have to pay the full fee to both your current EA and the second EA. i.e. You have to pay double fees.

If you tell your current agent that you're happy to pay both fees, I suspect they will be happy as well.

naughtyjo

I have said exactly that but he’s been obstructive saying I can’t market elsewhere. I have no issue paying both but he’s saying I can’t
There’s nothing in the contract saying I can’t list with another agent

eddddy

naughtyjo wrote: »

There’s nothing in the contract saying I can’t list with another agent

Well... the term 'Sole Selling Rights' says that.

i.e. They are the only people with the right to sell your property.

What do you think the term 'Sole Selling Rights' means?

eddddy

... although if they are members of The Property Ombudsman Scheme, and their contract really isn't clear, you could try claiming that they have breached this term in the mandatory code:

5g Your Terms of Business should be written in plain and intelligible language. In particular you must use in your Terms of Business the specific definitions in the Estate Agents (Provision of Information) Regulations 1991. You must take particular care for example in defining and distinguishing between 'sole agency'; and 'sole selling rights' and in describing a 'ready, willing and able' contract. You must use the relevant definitions in full, and clearly explain the implications of the terms to your client.

https://www.tpos.co.uk/images/documents/rules-codes-obligations/residential-estate-agents/TPOE27-6_Code_of_Practice_for_Residential_Estate_Agents_A4_-_effective_from_1_Oct_2016.pdf

naughtyjo

eddddy wrote: »

Well... the term 'Sole Selling Rights' says that.

i.e. They are the only people with the right to sell your property.

What do you think the term 'Sole Selling Rights' means?

That they get paid for the sale during that period but not sole marketing rights. If this was the case why does it say if you sell through another agent or yourself the fee is
Still payable? It seems odd to say another agent if i can’t use another agent. I have zero issue with paying them

G_M

eddddy wrote: »

... although if they are members of The Property Ombudsman Scheme, and their contract really isn't clear, you could try claiming that they have breached this term in the mandatory code:

I don't think it's unclear.


The 'reasonable man', or 'the man on the top of the Clapham Omnibus' (law students will recognise the reference) would understand that 'sole selling rights' means they are the only ones entitled to sell.


Of course, they cannot stop you marketing with another agent (just as the police cannot stop me speeding), but if another agent sells, they can claim their fee (just as the police can fine me if I speed).

naughtyjo

So thats my opinion. They have the sole right to sell and be paid accordingly but not the sole right to market. If I was saying I didnt want to pay then fair enough but I simply want to market elsewhere and pay both if needs be

Mutton_Geoff

G_M wrote: »

the man on the top of the Clapham Omnibus

I understand that the man need not be on top of the omnibus, but merely present on the vehicle whilst it is perambulating along the Queens Highway ;-)


https://en.wikipedia.org/wiki/The_man_on_the_Clapham_omnibus

Davesnave

naughtyjo wrote: »

So thats my opinion. They have the sole right to sell and be paid accordingly but not the sole right to market. If I was saying I didnt want to pay then fair enough but I simply want to market elsewhere and pay both if needs be

Assuming your property is on the major portals of Rightmove and/or Zoopla, how do you think another agent will get you more viewings and an offer?

How long have you been on the market and how many viewings have you had? A snapshot of no viewings in 6 weeks doesn't tell the whole story.

Are the EA's particulars/photos especially bad? Couldn't they tweak them? For example, I have supplied an agent with photos. Have you had a friend mystery shop your area to see if your house is/is not pushed?

Something is putting people off looking at your house. Usually it's price relative to what they perceive they'll be getting, but of course bad presentation affects perception.

naughtyjo

Davesnave wrote: »

Assuming your property is on the major portals of Rightmove and/or Zoopla, how do you think another agent will get you more viewings and an offer?

How long have you been on the market and how many viewings have you had? A snapshot of no viewings in 6 weeks doesn't tell the whole story.

Are the EA's particulars/photos especially bad? Couldn't they tweak them? For example, I have supplied an agent with photos. Have you had a friend mystery shop your area to see if your house is/is not pushed?

Something is putting people off looking at your house. Usually it's price relative to what they perceive they'll be getting, but of course bad presentation affects perception.

I don’t feel like theyre been active. I agree they use the same portals etc but don’t feel theyre pushing the property. The other ea Im looking at has dealt with the house we are buying and are keen to get ours sold so they can also progress the other sale so there more incentivised as the property we are buying is 500k so its a good commission for the. I have reduced ours last week and it is a very good price for the area etc. I will give them a couple more weeks and see what they do. I will also take your advice and get someone to ring up and see how they deal with them