Estate agent contract

daffas6688

My partner was selling his propertyi n his sole name. He signed estate agents contract . Unfortunately my partner passed away before sale. Then probate etc had to be applied for . I'm the executor to the will and the estate agent has pointed out to me I cannot sell through anyone else unless I give them money . Apparently there is a two year contract? Surely if my partner signed it , it shouldn't effect me? 

davidmcn

Think it would still be enforceable against his estate, like any other liability. (why "apparently"? Haven't you got a copy of the contract?)

greatcrested

Yes, your partner's Estate is bound by legal contracts he entered into.

However it's unlikely it is a 2 year contract. Most sale contracts are for a minimum of 12, 18 or 24 weeks and then can be ended with 2 (or 4) weeks notice.

Read the contract and tell us what it says - do not just take the EA's word.

eddddy

As others say, it's very unlikely to be a 2 year contract.

But... could this be the "2 years" that they're referring to...

• If the Estate Agent has introduced a prospective buyer, and the seller goes on to sell to that buyer privately within 2 years, the Estate Agent is due their fee.

(That's a standard clause in almost all estate agent's contracts - it's specified by The Property Ombudsman.)

So in this case, I guess it would apply if your partner's estate sells the property to a buyer previously introduced by the estate agent. (Is that what you're planning to do?)

But, assuming you have terminated the contract with the Estate Agent, the property could be sold to anyone else (not introduced by the Estate Agent), with no fee due to the Estate Agent.

daffas6688

Thank you . The agreement says agency period of 12 weeks. But the sake through due to probate issues. The property was then removed after my partner passed away , over 12 weeks from signing. But a couple of months after this the Estate agent called me and said when was I putting up for sale again. I said I didnt know and he said our fees will be due if you sell independently or through another agent within 2years.  Well actually thought he said 5 but probably wrong. It has been 18months since signing contract . Not sure how they would know anyway. But flat not up for sale yet anyway.  I have no plans to sell to original buyer 

greatcrested

As already advised, stop quoting the estate agent and quote the contract instead!

theartfullodger

Sorry to hear about your partner.

After such an insensitive, inconsiderate and rude response from them, I'd do all I could to avoid doing business with them, even if it cost me money.  If that's how they treat people, their clients who pay them, can't imagine how they'd ever get customers.

Sibbers123

Sorry for your loss.

If your late husband owned the property, and signed the contract, there will be no fees due to the estate agent. The property will be inherited (I assume by you) and you can then sell to whom you please. It was your husband that was bound by the contract, not you, and not the property. 

Estate agents are snake oiled sales people with a bad reputation which they often live up too. They often have no qualifications so shouldn’t be going around advising you on contract law.