EA breach of contract COVID19

SharkMoney

EA has written to us to say they will no longer conduct viewings in person until further notice. 

Now I don’t disagree with the steps but does this mean in terms of sole agency agreement I can cancel with immediate affect due to breach of contract?

Doozergirl

Why do you want to? 

It's not exactly unreasonable of them, given that the aim is to reduce social contact and they are middle men.  

AdrianC

Can you just hold your contract up a bit, so I can read it a bit more clearly? Ta.

TBH, it's probably academic anyway, since you're not going to find many other EAs taking properties on currently, and not many people looking to view.

warby68

Even if you can, isn't it just taking advantage of the situation?

SharkMoney

I don’t actually want to list with another agent, I’m hustling wondering how to get out of 24 week contract early. 

silvercar

Was it an explicit term of the contract that they conduct viewings in person? 
Even if it was, I doubt many viewers want to put their own health at risk by viewing in person. Better to view online with video tours etc

Doozergirl

SharkMoney said:

I don’t actually want to list with another agent, I’m hustling wondering how to get out of 24 week contract early. 

You can take your house off the market at any time.  They can't force you to sell.  

[Deleted User]

SharkMoney said:

I don’t actually want to list with another agent, I’m hustling wondering how to get out of 24 week contract early. 

What is there to be gained from getting out the contract early?  Does your contract specifically say the estate agent will conduct all the viewings in person?

AdrianC

SharkMoney said:

I don’t actually want to list with another agent, I’m hustling wondering how to get out of 24 week contract early. 

If you don't want to relist elsewhere, then there's no need to get out of the contract.

The contract gives them the sole rights to sell the property. You no longer want to sell. It's not as if you're trying to sell elsewhere, which is what the contract bars (with payment of their fee on sale their compensation).

greatcrested

unless it's a sole selling contract and the OP has a friend/friend-of-friend who wants to buy... But in that case it's really just a case of trying to exploit the pandemic situation to get out of a contract that was rashly signed. I mean, who agrees a 24 week EA contract anyway!!?

But yes, we need to know if the contract specifies viewings in person, and even if it does, the question would be whether this was a fundamental element of the contract. A breach of contract does not necessarily negate the entire contract.

TBagpuss

OP, you would have to look at your contract - I would be surprised of it explicitly states that they will conduct viewings in person, and if you try to withdraw early they may well argue that they are continuing to market the property through other means and are not in breach, especially if the reason they are stopping is due to government advice.

If you are not looking to re-market with a different agent then you may be best off just letting it lie - the remaining weeks of the contract will be passing even if they are not arranging any viewings.

Make sure you understand what the contract says about what you owe if you take the property off the market, or if you arrange a sale yourselves. In the mean time, there would of course be nothing to stop you  doing any viewings, if you are still looking to sell.