Estate Agent Advice

dfranky

Hi all, looking for a little advice in how to handle my estate agent.

Firstly, our property was on the market for £162,000 for 2 months with only 2 viewings and no feedback for viewers.

We managed to source our own viewing and sale from a builder as part of a "chain break" (our sellers builder buying our property). The estate agent was not involved in the sale until the offer arrived and didn't help us negotiate a better deal, we are selling for £156,000, less than we purchased for 5 years ago.

Now the estate agent has called requesting we take viewing for our buyer (we don't even have a move in date yet), and they've even put it back on the market for more than we have received.

The key here is we had no warning, no request for permission or any correspondence what so ever in relation to the agent putting our property on the market for the builder.

Is this even legal? Do I have grounds for complaint? We don't feel we've had any help or value from the agent throughout the process.

SmashedAvacado

Now the estate agent has called requesting we take viewing for our buyer (we don't even have a move in date yet), and they've even put it back on the market for more than we have received.

Do you mean your agent is asking if they can show your buyer's buyer around? Your comment didnt make much sense.

ReadingTim

Who the builder appoints to assist with the sale is none of your business, and if you want to avail yourselves of this "chain break" it's in your own interests to play along.

Furthermore, what that buyer plans to do with the house after you've sold it, including any onward sale price is also none of your business, and any complaint you try and make will inform you of that fact in no uncertain terms.

Personally, I'd wish them good luck in trying to sell it for more than you did, given the difficulties you seem to have experienced. However, if they manage, it's not illegal, just sour grapes (especially as you're selling at a loss).

Sorry if this isn't what you want to hear.

SmashedAvacado

ReadingTim wrote: »

Who the builder appoints to assist with the sale is none of your business, and if you want to avail yourselves of this "chain break" it's in your own interests to play along.

Furthermore, what that buyer plans to do with the house after you've sold it, including any onward sale price is also none of your business, and any complaint you try and make will inform you of that fact in no uncertain terms.

Personally, I'd wish them good luck in trying to sell it for more than you did, given the difficulties you seem to have experienced. However, if they manage, it's not illegal, just sour grapes (especially as you're selling at a loss).

Sorry if this isn't what you want to hear.

This is only true on the basis that the builder has bought your property. If the purchase isnt yet secure then you have every right to be angry!

ReadingTim

SmashedAvacado wrote: »

This is only true on the basis that the builder has bought your property. If the purchase isnt yet secure then you have every right to be angry!

You can be as angry as you like; but if you want to proceed you're probably going to have to suck it up.

eddddy

dfranky wrote: »

The key here is we had no warning, no request for permission or any correspondence what so ever in relation to the agent putting our property on the market for the builder.

So is your complaint, one of the following:

• 1. You haven't yet agreed to the "chain break" agreement - but the builder is proceeding as though you have agreed

• 2. You have agreed to the "chain break" agreement - but the builder has done something that isn't part of the agreement

• 3. You have agreed to the "chain break" agreement, the builder is doing what the agreement says - but you're annoyed at their choice of estate agent

or something else...?

babyblade41

I'm a bit unclear but as he hasn't bought it yet then it isn't his to sell so is not legally allowed to sell, or have I mis understood the question ?

dfranky

Sorry guys my point was that the contracts haven't even been exchanged yet.

I don't even have a problem with taking viewings, it's the fact our agent has put my house on the market without our consent.

My plan is to go back to the agent and advise we will not take viewings until contracts are exchanged, by that point I'll be more comfortable in doing so. But am I wrong in feeling aggrieved by how our agent has acted?

getmore4less

babyblade41 wrote: »

I'm a bit unclear but as he hasn't bought it yet then it isn't his to sell so is not legally allowed to sell, or have I mis understood the question ?

You can offer anything you like for sale you can even exchange a contract of sale.

All you need to do is make sure you can deliver on the contract by the time you need to complete the sale.

Happens a lot, builders even sell you something that does not exist yet and sometimes never does because by the time it is built it gets changes.

Plenty of on line selling is done by people that don't have the goods yet, sometimes they never have them they just take the order and payment and get pay a third party that stocks the items to deliver the item.

Furniture is often bought on made to order.

getmore4less

dfranky wrote: »

Sorry guys my point was that the contracts haven't even been exchanged yet.

I don't even have a problem with taking viewings, it's the fact our agent has put my house on the market without our consent.

My plan is to go back to the agent and advise we will not take viewings until contracts are exchanged, by that point I'll be more comfortable in doing so. But am I wrong in feeling aggrieved by how our agent has acted?

If they are acting for your buyer you can't tell the EA not to market the property.

Your buyer will be wanting to get it sold on ASAP and will quite possibly want B2B sales so they don't have a load of cash tied up.

What do you want to achieve?

If it is selling your house and moving then I would be careful how you approach this.

The builder is probably expecting to have to take an offer below asking(just like you did) so don't get fixated on the price unless you are prepared to go back to negotiating table for a new deal.

Sibz

Not sure if I'm missing something... But if you're expected to carry out viewings for your buyer's buyers, what's to stop you from saying to them you'll cut out the middle man and sell to them directly for say £159k? Especially if your sale is not yet sealed.

What is the status of the EA's commission from your sale? Are they getting paid it or not? - might they just be trying to get a higher bid to gain their commission rather than missing out on this by finding you an alternative buyer? - They might just be trying to get a return for whatever marketing they've done. They may still be acting under the mandate you've given them originally. If they miss your deadline they may be able to tell the builder they have a buyer ready to roll if he immediately wants to sell once his purchase is complete.