Estate agent contract-selling privately

Mutton_Geoff

Mrsfolan wrote: »

Thanks everyone, I spoke with ea contract law specialist yesterday and she said as we removed the market from sale in April, and have never resigned anything then we are not currently in a contract, it’s not a rolling contract.

She recommended I carry on with private sale and if they try it on to go through tpos with a complaint as they failed on so many areas of the contract and they must have made me resign when I put it back on the market.

I’m not sure this is good advice. Contracts can be agreed verbally and your contract does not have performance related clauses so failure of the agent to perform has no bearing on the terms you agreed to.

I know this from first hand experience of being taken to court by an agent.

GDB2222

Mutton_Geoff wrote: »

I’m not sure this is good advice. Contracts can be agreed verbally and your contract does not have performance related clauses so failure of the agent to perform has no bearing on the terms you agreed to.

I know this from first hand experience of being taken to court by an agent.

Indeed, this is all true in general, but there are special rules that apply to estate agency contracts. If the OP has truly obtained qualified professional advice, that's what she should rely on.

eddddy

Mrsfolan wrote: »

Thanks everyone, I spoke with ea contract law specialist yesterday and she said as we removed the market from sale in April, and have never resigned anything then we are not currently in a contract, it’s not a rolling contract.

And yes I had read it wrong as it’s not clear at all on the contract, she agreed that as part of tpos they have failed with the wording as they are saying some agency but actually making me sign into sole selling rights.
She recommended I carry on with private sale and if they try it on to go through tpos with a complaint as they failed on so many areas of the contract and they must have made me resign when I put it back on the market.

You still need to be careful.

The TPOS (The Property Ombudsman Scheme) code of conduct goes beyond what the law requires.

i.e. You might win, if you made a complaint to TPOS - but you might lose, if the EA took you to court.


So if the EA chases you for a fee, you should follow the process for making a complaint to TPOS, before the EA has a chance to take you to court.

Once a matter is being dealt with by a court, TPOS will not get involved.

Mrsfolan

Thanks everyone, the contract lawyer said I can go back to her if any problems. She specialises in these kinds of cases so I’m hoping she’s correct. If I have to pay then I will, but I will argue the point as she has confirmed I have given my notice to them and the contract does not automatically roll on, I must have signed a new agreement to be in contract.
Apparantly they will try it on that it’s a rolling contract but there is no such thing in these terms. I trust what she is telling me as she has no gain from not telling me honestly and she has seen the entire contract.
The contract is worded as sole agency but then goes on to explain it as sole selling rights. Annoying we can’t post pictures on here to show you all the contract.