Agent removed house from Rightmove

Rac88h

Hi, we’ve been in a sole agency agreement with a local agent for some months. Via email we were informed that they would no longer be using Rightmove to market our property, just Zoopla and On the Market. Our house subsequently ‘disappeared’ from RM, prompting several people to ask if we’d come off the market- which made us realise just how important it is. We have been racing to get back on Rightmove and signed up a new agent. Now I’m worried about double commission and I feel really let down. We wanted to give notice but now the agent is quoting all kinds of things at us. We wouldn’t have looked anywhere else if the terms of our agreement hadn’t been changed by them. Help!

da_rule

Have they changed the terms of their agreement? Does their agreement specifically state where they will market your property?

If not, it is probably you that is in breach of your sole agency agreement by appointing another agent, so yes, double commission may result.

Rac88h

Sorry not in agreement, but I signed up to the agents because (one of the reasons) was they said they advertised on Rightmove. If during their sales pitch they’d mentioned they did not use this portal, I would have gone with one of the other agents.

da_rule

Ok, sorry I misread your first post. I thought you said you’d signed up with another agent.

What they said was true at the time of saying it so unless you specifically asked them if they were intending on leaving Rightmove or you made it clear and instructed them that your property was to be marketed on there then it is hard to see how you’d get them for any sort of misrepresentation.

All you can do is review the termination provisions of your agreement and terminate it if you feel that strongly about it.

Rac88h

Thank you that is helpful.

Comms69

As a consumer you’re entitled the the benefit of doubt. If the stopped using rightmove that is a ( in most eyes ) serious breach. Follow procedure and cancel the agreement; citing that as the reason

Finchy2018

Rightmove charges thousands to advertise with them and OTM used to (do not now to my knowledge) have a 1 other portal rule. Agents can only use one other. (agents banding together to stop the monopoly RM have over the market)

When does your contract end? serve notice.

Does it say in your contract they will advertise on RM?

They aren't the only agent to have left RM, and they won't be the last, the fees they charge are unsustainable for most agencies. NOT that this is your problem AT ALL, but that's the reason behind it.

Serve notice on them and go with an agent on RM.

moneyistooshorttomention

I'd agree with checking out the terms of your agreement thoroughly - with specific reference as to whether it's stated in that agreement that they would use Rightmove. If they state in writing that they will use it - then you've got your grounds to break the agreement.

Certainly give them notice you're leaving - at the end of an agreed notice period if there is nothing in the agreement you can use against them to say "YOU were the ones that broke the agreement".

Until you've left them - are they part of a chain EA (if only a tiny chain of just a handful of others under the same management).

I've been able (in a different context) to use the fact an EA was part of a group in a "chain" to ring another branch of that EA and play them off against each other.

So - if they have another branch there might be some possibility of playing them off against each other. It looks to me as if sometimes one branch of a chain will use Rightmove, where another one won't do so. If that's the case - there might be a way to swop and have your remaining agreement time with another branch of that same EA (if only because they probably omitted to write that you couldn't down in the agreement).

I'm thinking "I've not moved to another EA - I'm still with yourselves - but just a different office of yourselves".....

agrinnall

da_rule wrote: »

Ok, sorry I misread your first post. I thought you said you’d signed up with another agent.

No need to apologise, that is indeed what was said in the OP.

Rac88h wrote: »

We have been racing to get back on Rightmove and signed up a new agent.

I think you may have misinterpreted what was said in post #3, my read of that is that "agent" refers to the original agent.

iamtati

Just check the agreement carefully and you will know your rights.