Lost faith with estate agent...can I cancel contract?

SparkyBear

Just looking for some advice please. We put our house on the market with a small, local estate agency just over a week ago. They're very friendly, very nice, five star reviews etc and to start with I thought they were very professional. Now I'm sensing sloppiness; our contract remains here in the house, signed by us but not by them, despite me ringing them and telling them. Over a week since instructing them we've heard nothing about arranging our EPC, again despite emails to them (which remain unanswered). We arranged for viewings to be done on Saturday morning as we were away all weekend; returning late last night we drove up the road to see they'd left lights on throughout the house, blinds open, inner doors open so everything inside the house was visible.
I'm not getting the professional feel I got at first contact. So my question is, if this lack of professionalism continues, am I in my rights to cancel my contract with them? That is, the contract that remains unsigned in my house....

theartfullodger

Yes you can cancel, subject to the terms of the agreement you have with them: Sadly I can't read it from here - what at the terms for cancellation, please?

Puflet

From the sounds of it, you don't have a contract with them - unless they are in possession of a document signed unilaterally by you!

In any case, you normally have a 'cooling off' period of fourteen days even if you had. Read your agreement; it may be that they stipulate that cancellation must be made in writing.

[Deleted User]

If nothing else you may want to request to move to a zero week contract so you can cancel at any point when you feel they are not providing the service you want. Either give them that option or just cancel within your cooling off period and sign a contract with an agent who will be more flexible

SparkyBear

Thank you all. I'm of the impression that we don't have a legally binding contract because ours (signed by us, but not by them) is still here in our house. If we can cancel within fourteen days then that's marvellous. If they don't up their game by this Friday then I'll cancel with them. Thank you all very much. Very helpful.

kazwookie

Have you told them of the problems with the lights on etc?


Ask them to come and visit you again or you go to their office and discuss the issues.


Read the contract you have even if only signed by you / yourselves and see what it says about cancellations.

SparkyBear

Yes, I told them of the lights being left on. I got a mumbled apology. Next step will be to go and speak to them in person if I still don't get a reply to my emails

eddddy

SparkyBear wrote: »

Thank you all. I'm of the impression that we don't have a legally binding contract because ours (signed by us, but not by them) is still here in our house. If we can cancel within fourteen days then that's marvellous. If they don't up their game by this Friday then I'll cancel with them. Thank you all very much. Very helpful.

You almost certainly have a legally binding contract with the EA - a signature is not required in order for a contract to exist.

The EA gave you a copy of their terms of business...
... you then told them to proceed with marketing the property. So a contract was created.


But... the EA may have broken the Property Ombudsman's code of practice by failing to provide a signed copy of the terms of business, so if you complain, the EA may get a 'slap on the wrist' for that.


The 14 day cooling off period is probably explained in the contract. But you may have to pay the EA's out-of-pocket costs, if you cancel during that period (e.g. Photography costs, cost of putting a board up, cost of carrying out viewings etc.)