Unhappy with estate agent - can we use 14 day cooling off period to change?

Robby1988

As per the title, we instructed an estate agent to list our house for sale last week however we have not been happy with the effort they have put into advertising the house. We have a bare minimum 9 photo advert on Rightmove, the pictures are not that great, its not on Zoopla (we assumed that was a given) and we just don't think are getting good value for money when we look at how the other agent we have in mind is listing their properties.

Is it possible?

hazyjo

What does your contract say?

Robby1988

We signed two documents with them, the 'Terms of Engagement' which say "You have a right to cancel this contract within 14 days from the date of this agreement.".

But then also a 'Sole Selling Agent' agreement which says "On receipt of this agreement you are instructing xx to act as your Sole Selling Agent until such time as you terminate this agreement which requires 28 days written/email notice. "

I'm unsure which one takes precedence. I'm assuming the first one because the 14 days cooling off period is a fairly standard consumer right.

Mutton_Geoff

Sole selling rights

eidand

Mickey666 said:

I'm not sure there is a precedence, they are separate contracts for separate things.  The terms of engagement govern things if they sell your house (fees etc) and the SSA agreement probably means you still have to pay them even nif another agent or even yourself sells the house.  EAs usually offer a lower fee structure for being the sole agent, for obvious reasons.

So, assuming you're within the 14 days, I'd say you can cancel both agreements but they remain SSA until the 28 days has elapsed.

That doesn't mean you can't instruct a new agent, but it does mean you'll have to pay the current agent their sales commission if the new agent sells the house while the 28 days notice period is in force.

Note - that's my best guess without actually reading the contracts myself you understand.

I am not convinced this is correct. If you are within the 14 days, you can cancel the agreement, there might be a fee to pay depending on what the EA has done, like photos, marketing etc.

Robby1988

Thinking best thing to do is give notice for both ASAP, worst case scenario is that I then have to wait 28 days before having the new estate agent list the house but in the meantime the house would still be on the market. Would be concerned about having to pay two estate agents fees if the new agent sold the house quickly. 

macman

You instructed them last week, and today is a Monday...and we are still in lockdown...
Why not ring them up, say you are not happy with the pictures, and ask them to redo them (or even provide some yourself)? 
It's a bit soon to be throwing your toys out of the pram already.

greatcrested

Where did you sign? In their office? In your home? Somewhere else?

But frankly:

We have a bare minimum 9 photo advert on Rightmove, the pictures are not that great, its not on Zoopla (we assumed that was a given)

What did the contract say about number of photos? What reply did you get when you asked for more?

What was their response when you declined the draft marketing material on the grounds the photos were "not that great"?

Did the contract specify Zoopla? Did to ask where they advertise and what was their answer?

Even if you cancel, I anticipate you'll receive a bill for the work they've done- after all, they have spent time and money on marketing your property.

eddddy

As long as you didn't sign the contract in their office, you have a 14 day cooling off period in which to cancel. (It's a legal requirement of The Consumer Contracts Regulations)

There won't be any 28 day notice period - it's best not to confuse things by trying to give 28 days notice.

However, the EA can require you to repay them any costs they've incurred - for example, the cost /time for taking photos, the cost / time for writing up the property details.

glennevis

Not sure I agree with that last paragraph eddddy. If the EA chooses to spend money on marketing during the cooling off period, they are taking a risk that the client pulls out and they must stand any loss. With the 14 day cooling off period you can cancel the service at no penalty provided you haven't waived this right by explicitly agreeing that a service will begin within the 14 day window.

That's precisely why, for example, utility companies and the like take more than 14 days from your application to switch services.

greatcrested

glennevis said:

Not sure I agree with that last paragraph eddddy. If the EA chooses to spend money on marketing during the cooling off period, they are taking a risk that the client pulls out and they must stand any loss. With the 14 day cooling off period you can cancel the service at no penalty provided you haven't waived this right by explicitly agreeing that a service will begin within the 14 day window.

though it's not uncommon for the contract, which the seller signs, to authorise the agent to start marketing immediately (which most sellers want once they've chosen their agent), with the obvious clause that any marketing costs would be covered.

OP should read their contract!