EA Help Needed Please

seglits

My friend has his house up for sale for £129,500 with an independent EA.
It has now been on the market for 3 weeks.
He was told that it would be advertised on their web site along with another well known web site and it is on neither.
He was also told that it would be in the local paper the 1st weekend it went on sale and as he was in the shop at the time he got told that the cheque was returned so it wouldn't be in. He has checked last weekends paper and they don't have any adds in that edition either.
His house has had no advertising for the last 3 weeks except for a small photo in the shop window.

What I would like to know is if he can cancel his contract with them and go with another EA even though he will end up paying more on the final fee?

In my eye's they have broken their contract by not advertising as he hasn't even had a phone call from them to arrange any viewings.

seglits

Is there no one that knows?

He really wanted to get this sorted out with them today.

ameliarate

I am sure somebody with more knowledge than me will come along but it sounds like they have broken their contract. He needs to read the contract carefully and see what it says. He certainly should ring them and ask them what's going on and tell them he is not happy with their marketing so far.

jonewer

I'm no Legal Eagle but this doesnt sound very right. Check the paperwork of course, but then put it on with another EA asap. I cant imagine them persuing you (or your friend) for costs if they have done nothing.

BrixMorta

There is something very wrong here. Firstly EA’s are currently falling over themselves for listings as they are very very thin on the ground. They should be treating your friend like royalty.

Secondly EA’s have accounts with newspapers. Paying by cheque is extremely rare and IMO would only be necessary where the EA has a bad credit rating.

Are they members of the NAEA?

seglits

Thanks for all the replies.

I have just looked at the EA's website and it does say they are members of NAEA.

He is having to sell the house due to illness but he has not told them this as I suggested he didn't as I have sold with them before.
While I was in the EA's with him on the 1st week I asked them why it wasn't on the web or why it wasn't in the local paper. I said it wasn't good enough and asked them to reduce their fee's, they said no and came out with a load of lie's (I was in the house when it was valued etc) and started to speak to my friend who is very laid back and not forward enough due to his mental illness.

I will go with him again tomorrow to be his spokes person as he will get confused in what he has to say.

Would I be able to contact the NAEA to put a complaint in and if so does any one know how or where I do so?

SquatNow

I would read the contract carefully first. If it doesn't say in the contract that it will be in the paper, then it was just a verbal agreement which can't be proved.

EAs are going to be getting deperate for money soon, so if you sold through another EA the first EA would almost certainly try to enforce the contract and demand payment. They wont care about their reputation when the "final demand" notices arrive for their TTs and BTL portfolios.