Estate agents ignoring instructions

Helene622

Hello

I'm hoping someone one here can offer advice.

I am in the process of selling my house and accepted an offer from first time buyers 15 weeks ago. I am not buying another property so it is simply one sale. In all that time I have not heard from the agents, although I have emailed them with information a couple of times. In July I asked my solicitors to suggest a deadline for 26th August. That deadline passed, and no explanation was given. I have called my solicitors every week, and signed a contract 3 weeks ago. Last week after I asked my solicitors to chase the buyers' solicitors again for an update, and was later informed that the buyers' solicitors are still deciding about possible further searches re flooding (the house is at the top of a hill 7 miles from a river so this baffles me).

I have called and emailed my estate agent several times over the last week. Each time I call I either get an answerphone or a girl who says no-one is free to talk to me. I haven't actually been able to talk to anyone but I have had three emails from them all repeating that the buyers' solicitors are considering further searches. There has been no mention of them making further enquiries about the issue, trying to understand where we are in the process, or coming up with a possible solution to keep me on board. Towards the end of last week when I had not received any new information or reassurance from them I emailed them asking them to re-market the property. I have now emailed them 3 times stating that I am instructing them to re-market the house and they have not done so. They haven't called me or given any information, advice or explanation. They just seem to be ignoring me hoping the problem will go away.

From my perspective I just want to sell the house, and these buyers have had 15 weeks to progress the sale. I have been calling my solicitors every week, and the answer has nearly always been that they haven't heard from the buyers' solicitors. I want to find a new buyer before Winter sets in.

My contract with the estate agents has no mention of what happens if I pull out of a sale, so I presume I am entitled to pull out. However I haven't actually said I'm pulling out, I have asked them to re-market the property and see if there are other buyers out there. Does anyone have any suggestions about what I can do now? The agent seems determined at the moment to ignore me. I would like to think that's because they are actually trying to do something but I really doubt it. I think they are just playing dead. Do I call another agent and ask if they can market the house? Do I send my agents a letter by registered post asking them to market it? Do I call my solicitor and tell them to stop the sale process? I just don't have clue what to do. I haven't called the solicitor today because I called them about 10 times last week and if they knew anything I'm sure they would call me.

Thanks in advance

[Deleted User]

What about making a visit to the estate agents and asking them personally? Can't ignore you then. Or did you use an online EA?

G_M

Is it a 'sole agency' contract?
If so, are you passed the minimum term?
And what is the notice period?


Write(yes, a letter) giving the required notice, and at the same time explain that due to the failure of the current buyers to progress their purchase, you will be placing the prperty back on the market with another agent as soon as your notice period expires.


That will get their attention!

Comms69

Helene622 wrote: »

Hello

I'm hoping someone one here can offer advice.

I am in the process of selling my house and accepted an offer from first time buyers 15 weeks ago. I am not buying another property so it is simply one sale. In all that time I have not heard from the agents, although I have emailed them with information a couple of times. In July I asked my solicitors to suggest a deadline for 26th August. That deadline passed, and no explanation was given. I have called my solicitors every week, and signed a contract 3 weeks ago. Last week after I asked my solicitors to chase the buyers' solicitors again for an update, and was later informed that the buyers' solicitors are still deciding about possible further searches re flooding (the house is at the top of a hill 7 miles from a river so this baffles me).

I have called and emailed my estate agent several times over the last week. Each time I call I either get an answerphone or a girl who says no-one is free to talk to me. I haven't actually been able to talk to anyone but I have had three emails from them all repeating that the buyers' solicitors are considering further searches. There has been no mention of them making further enquiries about the issue, trying to understand where we are in the process, or coming up with a possible solution to keep me on board. - sorry what is it you think an estate agent does? You wanted a buyer, they've found you a buyer, their job is basically done Towards the end of last week when I had not received any new information or reassurance from them I emailed them asking them to re-market the property. I have now emailed them 3 times stating that I am instructing them to re-market the house and they have not done so. They haven't called me or given any information, advice or explanation. They just seem to be ignoring me hoping the problem will go away. - unsurprisingly, given you have a buyer

From my perspective I just want to sell the house, and these buyers have had 15 weeks to progress the sale. I have been calling my solicitors every week, and the answer has nearly always been that they haven't heard from the buyers' solicitors. I want to find a new buyer before Winter sets in. - that isn't going to happen

My contract with the estate agents has no mention of what happens if I pull out of a sale, so I presume I am entitled to pull out. However I haven't actually said I'm pulling out, I have asked them to re-market the property and see if there are other buyers out there. Does anyone have any suggestions about what I can do now? - you could go down and speak to them in person, but I think you're jumping the gun. Many sales take 6+ months The agent seems determined at the moment to ignore me. I would like to think that's because they are actually trying to do something but I really doubt it. I think they are just playing dead. Do I call another agent and ask if they can market the house? - you can do, but until you terminate this agreement you will remain liable for the fees Do I send my agents a letter by registered post asking them to market it? Do I call my solicitor and tell them to stop the sale process? I just don't have clue what to do. I haven't called the solicitor today because I called them about 10 times last week and if they knew anything I'm sure they would call me.

Thanks in advance

Not sure what advice you want. I think it's a mistake to pull out and remarket

sgun

I disagree that the estate agents job is just to find a buyer - that's the easy part! They really should be chasing up the buyer to find out what is happening. I suspect that the buyer isn't interested anymore and the estate agent just wants to keep that "sold" marker on Rightmove. Go down there and sit until someone will talk to you - hopefully you haven't used Purple Bricks or similar who really wont have any interest in the sale as they take upfront payment.

Comms69

sgun wrote: »

I disagree that the estate agents job is just to find a buyer - that's the easy part! They really should be chasing up the buyer to find out what is happening. I suspect that the buyer isn't interested anymore and the estate agent just wants to keep that "sold" marker on Rightmove. Go down there and sit until someone will talk to you - hopefully you haven't used Purple Bricks or similar who really wont have any interest in the sale as they take upfront payment.

That's ridiculous, the agent only gets paid when it completes.

Helene622

Thank you for your replies. I can't easily go in to see the estage agents because I have moved 300 miles away. In fact I had several offers for the property in less than a week, so I do think I would find another buyer quickly. And actually I think an estate agent is there not just to find a buyer but to keep all parties informed, ensure they are on board, and help to move the process along smoothly. I have met some good estate agents who do this with ease, unfrtunately not this one. It may take 6 months to sell some houses, but mine is a very straightforward sale and I accepted this offer above others because they were first time buyers with a mortgage in place. My solicitor originally told me they expected the sale to take no more than 8 weeks.



This is a sole agency contract and there was no minimum term, so I am well within my rights to cancel the contract. I will send a recorded delivery letter doing so and then start again with a different agent.

Comms69

Helene622 wrote: »

Thank you for your replies. I can't easily go in to see the estage agents because I have moved 300 miles away. In fact I had several offers for the property in less than a week, so I do think I would find another buyer quickly. And actually I think an estate agent is there not just to find a buyer - that may be what you think, but the reality is they are there to find you a buyer but to keep all parties informed - they are YOUR agents, so they do not (ever) represent all parties , ensure they are on board - no , and help to move the process along smoothly - sometimes. I have met some good estate agents who do this with ease, unfrtunately not this one - so why didn't you use the good ones? . It may take 6 months to sell some houses, but mine is a very straightforward sale and I accepted this offer above others because they were first time buyers with a mortgage in place. My solicitor originally told me they expected the sale to take no more than 8 weeks. - that is largely irrelevant.



This is a sole agency contract and there was no minimum term, so I am well within my rights to cancel the contract. I will send a recorded delivery letter doing so and then start again with a different agent.

That is a good idea, make sure you ask for a list of the buyers they have introduced, so that you can pass this on to your new agent - you don't want to pay twice.