Estate Agent's Contract

Justmethistime

Any help much appreciated;
We're not happy with current estate agent and wish to cancel their contract. We did sign a contract but no copy of signed contract was provided. Despite numerous requests we're still without a copy of contract.
I asked my partner if he had made a note of any "termination clause" in contract he signed, but he can't remember.
Strange situation to be in, just don't quite know what to do next.

danlewi2

ask for a copy of the contract

eddddy

There'll often be a minimum contract period, and a notice period (the notice period usually starts when you give written notice).

There may also be withdrawal fees to pay.

However, if you think things are reaching deadlock, you can try writing something like:

"I have requested a copy of my contract on a number of occasions in order to review the cancellation terms. You have not provided a copy. Therefore I am cancelling the contract with immediate effect.

If you dispute that the contract allows me to cancel with immediate effect, please provide me with a copy of the contract as evidence. If I do not hear from you with a copy of the contract, I will assume that you have accepted my immediate cancellation, with no fees due to you under any circumstances."

Justmethistime

Hi edddy, many thanks, really helpful.
Withdrawel fees ? - rightmove listing etc. or a % fee.
I just wish we had taken more care to note important T&C's.
Thank you!

hazyjo

They're usually carbon copies attached to the actual contracts - are you sure you don't have a pink (probably) sheet of paper anywhere? Did you sign in their office or at home? Did you make any changes to it at all - fee, or length of contract, or termination clauses or anything? Do you even know how long you signed up for? How many weeks has it been up for sale with them?

eddddy

Justmethistime wrote: »

Withdrawel fees ? - rightmove listing etc. or a % fee.

It varies - often there's no fee, but sometimes I've seen a fixed fee of £200 or £300.

(TBH, I always avoid EAs who charge withdrawal fees.)


Edit to add...

Has the EA 'introduced' anyone (e.g. arranged viewings) and/or have you had any offers via the EA?

If any of those people come back and buy later, you'll have to pay the EA their fee.

So it might be sensible to ask for a list of people they feel they have introduced and/or negotiated with.

Justmethistime

Hi,
Absolutely no contract Hazyjo as stated, alas...
Contract is for a period of 12 weeks, sole agent.
I just wish we'd been more attentive pre signing the thing; usual stress of getting house on market, but it's not something that should be rushed or entered into lightly.
Withdrawal fees are another too, something we should have considered !!!

Several viewings, 1 extremely poor offer only which was rejected by EA.
I will request a list of viewers/interested parties pre exit.
It's been an extremely tedious time, really put me off using EA's to sell.
We'll see what happens by end of week, but my gut feeling is that will follow your good advice.
Just want to scream today; selling a property should not be a stressful process alas it is too often.
Thank you for replying so quickly.