Sole selling rights agreement

bernie_lamb

Still in limbo with my house! I want to give notice to current 'EA' (one of those 'we buy any house' lot) and signed a sole selling agreement with them to start marketing my house on 15 July. Selling period is 8 weeks. I'm a bit confused about when I can give notice of cancellation, though. I'm required to give 28 days notice of termination, but the clause in the contract reads:
"4. Duration & Termination: This agreement starts on the Start Date. It will then be for the Sole Selling Rights Period. After the end of the Sole Selling Rights Period, You or XX Properties can terminate by telling the other party by letter (sent by first class post) or e-mail (sent to!cancel@XX.co.uk) that it will end 28 days after the date of the letter or e-mail. Your letter or e-mail will be treated as having taken two days to arrive. You will remain liable to make any payment which has become due before termination of the agreement takes place. On termination, Our rights – including Our rights to fees - under this agreement shall remain in place."
Does this mean that I have to give the EA a further 4 weeks of grace? Or can I give them 4 weeks notice that ends on the day the Agreement ends?

OldMusicGuy

It's not clear. I was in a similar situation in that I was planning to sack my EA at the end of the sole selling period. I planned to give notice of termination before the end of the period so that I didn't have to wait for another three weeks. I assumed that as long as the effective date of the notice was after the end of sole selling then that would work.

However, I can't tell you what happened as I patched it up with the EA and kept them on. I would say submit the notice of termination before the end of the sole selling period and tell them that's what's happening. I think you will be ok because I assumed the agreement was worded it that way to discourage people from giving notice prior to the end of the sole selling period.

eddddy

bernie_lamb wrote: »

Does this mean that I have to give the EA a further 4 weeks of grace? Or can I give them 4 weeks notice that ends on the day the Agreement ends?

Is the EA a member of The Property Ombudsman scheme?

If so, their mandatory code of practice is clear:

5s Your contract must allow for the required notice of termination to be given before the end of the term, such that termination by the client can occur at the expiry of the minimum term.

Link: https://www.tpos.co.uk/images/Codes_2019_a5/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A5_-_Effective_1_June_2019.pdf

So you can give notice after 4 weeks, and the contract will then terminate after 8 weeks.

bernie_lamb

Just off to check.

bernie_lamb

Yes, they are! So your advice is particularly useful. Thank you so much