Getting out of Estate Agent contract. Possible?

Searcher2

Two weeks ago tomorrow my uncle signed a contract for an estate agent to sell his Aunt's house (probate sale). A couple of days before that I rang the agent to tell them we would be using them and they arranged the meeting to sign the document and they said they would get the sign sorted. The contract was for a minimum of 12 weeks sole agency.

I have just been over to the house and there is no sign up. When I returned I checked their internet site and the house is not listed there. Finally I have not had any details through to approve. (Oh... I also gave them a structural survey for the property which they said they would copy and return to me - but they haven't done that either).

I am fuming and want to pull out of the contract. My uncle (the executor) has the contract so I can't check the T&Cs on it but before I let off steam and ring him/the agents I wanted to know if anyone could advise me if the actions (or lack of action) by the agents is unreasonable and if so can I get out of the contract and change agents because of it. They said they were putting the property in the local paper the last couple of weeks but I have no easy way of checking that.

dmg24

Have you contacted them to ask why the property is not listed?

Searcher2

No - because when I contact them I want to go in armed with whatever info I can gleen from here. If they can't manage to get a sign up within 2 weeks, get it on the internet and send me details for approval then it does not bode well for any future service they can offer us in future. In other words I have little or no faith in what they tell me or their operation.

I have found out though that it was advertised in the local press.... but also that my Uncle was told that we would be sent a copy of the contract he signed which we haven't got - so I can't even check the contract.

dmg24

So you need to contact them.

All you need to do is call them, and ask why 'x, y and z' have not been done. Then say 'Thank you for your response, I will be in touch shortly'.

Without a contract, or reasons from the EA why the above has not been done, there is little advice anyone can give.

Searcher2

OK. I did. They didn't have anyone who could answer the questions apart from to say that they have emailed to request a sign to be put up. They will get someone to ring me in the morning. So now they are forwarned and can prepare some answers/excuses ..... Mmm.

dmg24

Don't be so paranoid.

Wait and see what they have to say. There may be an explanation for their apparent delay in advertising. If there is not, then get a copy of the contract and take it from there.

Curv

I don't think it's fair or reasonable to try and get out of the contract without first giving the EA an opportunity to put things right. If they fail to rectify matters and fail to give an adequate explanation as to why the problems arose in the first place then fair enough. But to not even tell them there is a problem would have been both unreasonable and strange, IMO.

Searcher2

I appreciate that I am worked up at the moment and that is why I wanted some opinions/advice from here before I rang the agent. One of the reasons that we went with this agent is that they have an auction arm who I was impressed with. The idea was that we would put the property on the market through the estate agent for a few weeks to gauge the market/interest and possibly put it in the auction (the next of which has a deadline of early November) with them if the market was too flat. Ironically the man from the auction side just rang me to find out if I wanted to put the property in the auction and was shocked when I told him that I hadn't been able to gauge anything about the market because the property hadn't even got a sign up yet and neither was it on the internet. He offered to put it in the auction for free as a gesture of goodwill and only charge the fee if it sold and that the service he would offer is not linked the the service I was getting from the estate agent part.

I also appreciate that you should give people the chance to put things right... and they may well do that but I just feel that if they can't do something so simple as organise a sign, put it on the internet and get details to me within 2 weeks without me having to chase them up then maybe I've got a duff agent. They knew we were going to see what reaction we got before the deadline day for the acution before deciding on the auction route or not - if it was normal that things take this long with them then they should have advised that we wouldn't get a market indication.

The property has been on the market before with a good agent - however, the buyer they found dragged their heels so much and pulled out at the last minute due to 'change in economic climate'. The change of agent was just to freshen things up a bit plus the option of selling through auction (as the house is empty) was attractive after having been messed about.

Thanks for the comments.... I will go and take a chill pill! :-)

DesG

Don't take this the wrong way, but, what was in it for them?

They were going to do all these things, and not get any commission at the end of it?

Cheers, Des.

Curv

Ah, I see.

Two things - given the tight timescale I can understand why you aren't happy with them... time was/is of the essence and their delays are affecting your plans. I'd be unhappy under those circumstances too, although I wouldn't have waited two weeks to see what happened - I'd have been on to them on a daily basis, nudging them along.

Secondly - as DesG said, what's in it for the EA? Why on earth they ever entered into this contract is beyond me. They do all the leg work just so you can get a feel for the market and then you sell at auction? Or have I misunderstood? Perhaps their delays might be because they have worked it out for themselves?

Searcher2

DesG wrote: »

Don't take this the wrong way, but, what was in it for them?

They were going to do all these things, and not get any commission at the end of it?

Cheers, Des.

You've lost me. Of course they are getting commission. But only if they sell the house. Even if I put it with their auction arm the estate agent branch apparently still get the commission.

The point is that they appear not to be doing any of these things. They appear to have put the ad in the local paper but nothing else so far.

They have later auction which has an entry date of February and it was more likely that we were going to put the house in that one if it still had no serious offers but judging by the current performance of the agents (and of course pending an explanation from them of why things have not been done) I am reluctant to leave it with them for that long - leaving me to lean towards moving to another agent if possible or putting it in the next auction (in which case a decision has to be made by early next week). When the estate agent came to see the house he said that the previous offer we had (the one that pulled out at the last minute) he considered to be 'developers' prices and he reckoned he would achieve more than that. They haven't even had a viewing in the last 2 weeks.

EDIT : Just seen the post above made at the same time. We are not local to the house and I didn't know about the sign and took them at their word that they would put it up when they said they would. When I discovered it wasn't I then checked the internet to see if it was on there. I have to admit I could have rung them and checked the internet and made a mistake in assuming they were doing their job.

Had they done what I expected then I would have happily left the house on the market with them until February and hoped they found a buyer. If not it would have probably gone to auction at that point. Each month the house is not sold is potentially a £700-1000 loss of interest. By not having a sign or internet presence in the last 2 weeks could have missed that passing buyer or internet searcher. I await their call/explanation.... I will try to remain calm and report back! :-)