Estate Agents notice

gream0604

Hi All,

After some help, as getting a bit confused by the contract with our estate agents. We are outside of the minimum period, but the contract states we need to give 28 days notice.

I don't want the house to not be on the market for a month, so am I able to give notice in writing to the current agent, asking for a list of people they feel they have introduced, and then instruct a new agent straight away? Obviously referring anyone on the list back to the original agent?

Thanks

Surrey_EA

Whilst all contracts vary, it is likely that you will be unable to instruct Agent 2 to begin marketing until Agent 1's notice period is up. You can of course keep the house listed with Agent 1 during their notice period, then Agent 2 takes over the day the notice period is over.

Even after the end of the notice period make sure anyone who Agent 1 introduced goes back to Agent 1, to avoid the possibility of paying two fees. Give a copy of the list of viewers from Agent 1 to Agent 2.

mrginge

The house would remain on the market during your notice period.

gream0604

Our current agent told us that they would remove the property and stop marketing it as soon as they received our notice.

To be honest I am fed up with the current agent, and just want to get out. Considering going down the purple bricks route. Because they are not commission based, does it still work the same way if we started advertising with them straight away?

mrginge

gream0604 wrote: »

Our current agent told us that they would remove the property and stop marketing it as soon as they received our notice.

To be honest I am fed up with the current agent, and just want to get out. Considering going down the purple bricks route. Because they are not commission based, does it still work the same way if we started advertising with them straight away?

That makes no sense. Is your contract sole selling or sole agency?

IMO If they do not market your property during the notice period they are in breach.

SmashedAvacado

1) Serve notice asap
2) instruct agent 2 on the basis that you can launch with them in 28 days or sooner - and get them to get details ready etc.
3) negotiate with agent 1 for an early release on the basis that you might use them again in the future no hard feelings, but lets move on.

Surrey_EA

gream0604 wrote: »

Our current agent told us that they would remove the property and stop marketing it as soon as they received our notice.

But they could continue to market the property. In fact it is in their best interests to try and find a buyer and recoup their costs.

gream0604 wrote: »

To be honest I am fed up with the current agent, and just want to get out.

WHat have they done? (or not done?!)

gream0604 wrote: »

Considering going down the purple bricks route. Because they are not commission based, does it still work the same way if we started advertising with them straight away?

You don't pay a % fee as a commission, but you do pay a fixed fee, and that is payable whether you sell the property or not.

Again, all contracts are different, but it is likely that if you instructed PB, and they found a buyer during the notice period of EA1, then EA1 could well claim a fee.

gream0604

mrginge wrote: »

That makes no sense. Is your contract sole selling or sole agency?

IMO If they do not market your property during the notice period they are in breach.

Its a sole agency agreement as far as I can see.

We spoke to them on Saturday about not being happy with their services, and the fact that we were looking to change, and then this morning they phone me with saying that someone wants to view the property in 2 weeks time. I personally think its a tactic to string us along a bit longer!

hazyjo

It's within the 28 days so just let them view. I've sold via an EA after giving notice. They were fine, no probs. They can't invent an offer for very long without providing solicitor's details and sorting a survey, etc, so I don't see what you have to lose by pencilling in a viewing.


Don't instruct anyone else just yet...

gream0604

Surrey_EA wrote: »

WHat have they done? (or not done?!)

Thats exactly it. They have not done a lot. We had originally sold the house before the summer holidays, which fell through further down the chain.

Since it has been back on the market the communication both my phone and email has been shocking, and we have only had 1 viewing in that time.

They keep trying to fob me off saying that the market is slow, and I have spoken to other agents in the last week, and they have said that the market has been okay in this area over the summer compared to previous years!

Seems to be a bit of a trend with this particular EA having read some recent reviews online!

eddddy

gream0604 wrote: »

...and then this morning they phone me with saying that someone wants to view the property in 2 weeks time.

That's not a problem.

You have to give them 28 days notice anyway, so that will still be in the notice period.

As others have said, you can give this EA 28 days notice, and get your next EA lined-up to get going on day 29.