Estate Agent contact

quemby

We called an Estate Agent out to sell a property and heard nothing for a few weeks, despite calling them. We wanted to use this agent.  He eventaully came round again and we decided to list with him after a plausable explanation as to why he hadn't contacted us. Nothing for over a week. I texted for him  to call me, nothing. I called the office and told them we didn't want them to list the property. My husband was called, he didn't know I'd already cancelled, and all the platitudes came out and said something would be in the post for ust to sign. To this point, nothing has been signed. Today, after receiving nothing in the post, the agent has put up their sales board. I am annoyed as I hadn't warned the neighbours of our intentions. My question, if we aked him to list the property is that classed as a binding contract even though we haven't signed anything I think not, but I want to check before I call.

princeofpounds

quemby said:

My question, if we aked him to list the property is that classed as a binding contract even though we haven't signed anything I think not, but I want to check before I call.

Well, it could be. Because 'we asked him to list the property' is a very vague description of what actually happened, so could mean almost anything.

But it's unlikely that you have formed a contract here. And even if you had, it's unlikely to be one that's binding in any meaningful manner - I assume that you haven't been supplied with any terms and conditions?

From what you have said, I don't know why you wouldn't change away from these agents. Sounds like terrible service so far.

quemby

princeofpounds said:

quemby said:

My question, if we aked him to list the property is that classed as a binding contract even though we haven't signed anything I think not, but I want to check before I call.

Well, it could be. Because 'we asked him to list the property' is a very vague description of what actually happened, so could mean almost anything.

But it's unlikely that you have formed a contract here. And even if you had, it's unlikely to be one that's binding in any meaningful manner - I assume that you haven't been supplied with any terms and conditions?

From what you have said, I don't know why you wouldn't change away from these agents. Sounds like terrible service so far.

Thanks for your reply. I have another agent coming tomorrow, I have the phone number of one that we've seen already and another in the pipeline. We are not going to use this agency, I just wanted to make sure that we weren't legally bound by saying 'we'll list with you, what happens next?'  To which he replied, 'I'll have a look at the property and we'll list next week, meanwhile, I'll send something in the post for you to sign'. That was exactly two weeks ago. The property is not on their site, we haven't received anything to sign, but the board has gone up, today. We have diverted traffic passing  at the moment, I consider it free advertising!

eidand

you have to sign a contract first I would think, there are terms to agree to, fees etc.
Why on earth would you even consider someone that is so hard to get hold of anyway? Tell them to take their board and !!!!!! off.

quemby

eidand said:

you have to sign a contract first I would think, there are terms to agree to, fees etc.
Why on earth would you even consider someone that is so hard to get hold of anyway? Tell them to take their board and !!!!!! off.

That is my intention. This agent is supposed to be the best in my area, the other one who came out is second, and the one coming tomorrow is in a smaller village but top in that area. We'll do OK I think.

greatcrested

If you don't want a board up, get that confrmed in the contract.... with whoever you use.

Yes a contract can be formed by verbal agreement, so may exist, though the fact they then sent out a written contract to sign, with T&Cs, suggests no contract exists till you agree those T&Cs by signing.

Plus of course, if the verbal agreement was in your home (not their office) there's a 14 day cooling off period. Dates?

Write to them (to avoid misunderstanding), enclosing their unsigned contract, clearly stating you have decided not toproceed with them and asking them to remove their premature board.

In future

* communicate better with your other half!

* ensure you agree their fee, their minimum contract period, their notice period, the marketing methods, whether multi or sole agency or sole selling, and get it all included in the writen contract.

Neil49

We've been through all of this with finding a good agent. Do your research on past performance re selling in your area for similarly priced properties.

Check on Rightmove by selecting Sold Subject to Contact in the results to see who has been selling the most. Are their listings good with decent photography and floor plans. Phone them up and see how quickly they answer.

Get various agents to quote and see how professional they are. How many people work in the office. When do they do viewings (some people still work Monday to Friday so want weekend viewings) and how many staff are available to do them.

Don't be sentiment towards one agent. You want the best one who will work to get you a deal.

Good luck with your sale. 

quemby

Thanks for all of your replies.  We have received no paper work. This guy hasn't even contacted us since putting up the board.He'll probably tell us he has loads lined up to view when we tell him we're not using him. I was just waiting to see what the other one is like who came today, seems much better and cheaper.