Termination of estate agents contrart

Toothless1980

i ended my contract with my estate agent for a number of reason on the 26th of November serving the required 28 days notices taking me up to the 26th December 2020. This was acknowledged in writing and they confirmed they would take my property off the market. To date (4th Jan 2020) its still listed on there website despite several phone calls and emails to them instructing them to remove it  -
they just say the request has gone though.  As far as im concerned our agreement has been ended but im still being contacted by them with viewing requests ( which i am declining - ive had 3 so far) - every time one comes through i contact them and tell them to remove my property from there website hutcim still getting emails, txts and phone calls.  and today i have submitted a complaint.  One of there sales managers has also told me that if any of the potential buyers ( the 3 new enquires included) that have approached them agree a sale via a new agent i will have to pay them. I agree that this would be the case with any buyers who i engaged with prior to the contract end date (26th dec)  but give that these people are still able to request viewings due to their failure to remove the property from the websites where does this leave me?  I want to list my property with a different agent and there failure to follow there own process is causing me concern, how can they charge me under these circumstances.   There currently arnt any offers from anyone on the table and im waiting for
my new agent to go live, but given that ive declined the previous viewing request through the old agent there is a reasonable chance they will approach the new agent.  - does anyone else have experience of this or similar situations.  In theory they could leave there advert live and intercept a-lot of potential buyers and try and claim they introduced them. 

Mutton_Geoff

Can't read the contract you signed from here. What does it say? Sole agency or sole selling rights?

greatcrested

Formal complaint via their internal process, followed by complaint to their ombudsman - there are 2:

* The Property Ombudsman
* Property Redress Scheme

Plus write and

1) ask for a complete list of applicants they've introduced up to 26th dec and not beyond which you can give to your new agent and

2) make clear any applicant post 26 Dec will not have been introduced by them since you have a) ended the contract and b) refused the viewings

so if they are later introduced by another agent that agent and only that agent will be due a fee.

eddddy

Just tell them in writing that...

"Your contract terminated on 26th December, therefore no fees will be payable in respect of any buyer you introduce after the 26 December, since that is what you have agreed in your original contract dated xx/xx/xxxx."

(If you want, you can go on to say that "You are welcome to introduce further potential buyers if you wish on a goodwill basis, but no fees will be paid in respect of those potential buyers under any circumstances".)

Similarly, tell them in writing to remove the advertising.

steampowered

I would write back forcefully explaining that the agent is in breach of contract and likely in breach of the General Data Protection Regulation for keeping your property on their website and failing to remove the listing in a timely manner, despite their contract having expired.

You could give the agent two options:
1) They confirm that they will not engage further with any potential buyers who contact them through the unlawful listing, and that they will not receive a fee in respect of any such buyers.
2) You issue a court claim against them, to force them to remove the advertising.

Neil49

Were they actually open for business between 26th December and 4th January. If not then you haven't allowed much time for them to act. They had every right to market it up to the last day of the agreement but no later, however if you get a buyer via the new agent in the next few days then I'm sure they would argue that their marketing could have been instrumental in that offer. 

Ideally no one will be interested given the current circumstances which will go in your favour. 

Coopsy85

Neil49 said:

Were they actually open for business between 26th December and 4th January. If not then you haven't allowed much time for them to act. They had every right to market it up to the last day of the agreement but no later, however if you get a buyer via the new agent in the next few days then I'm sure they would argue that their marketing could have been instrumental in that offer. 

Ideally no one will be interested given the current circumstances which will go in your favour. 

They had a months notice, plenty of time to schedule a website update to remove the property. Open or not, this could have been scheduled in advance to go live on 26th.