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Can I end my selling contract with non-performing estate agent?
Comments
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A friend wanted to sell and was also advised to get planning permission for her paddock, she spent and is still spending, a lot of time and money on it. Five years later she's managed to sell and complete on her house, but the land sale is still ongoing. I'd not go down this route.£216 saved 24 October 20140
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Ruby-Tuesday said:... I would like to dis-instruct them.
Has anyone else successfully ended a contract early without having to pay?
What is it that you want to do instead? Do you mean that you want to 'de-instruct' this Estate Agent and sign up with another one?
It's very likely that your contract with your EA says:- There is no option to end the contract early - before the 12 weeks is up. (You won't have the option of paying a fee to end it early.)
- With a Joint Agency agreement, you are allowed to sign up with only 2 estate agents. So if you now sign up with a 3rd, you'll be in breach of your 2 current estate agent's contracts.
But you should read your contracts to confirm all of the above.
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Of course you can cancelIn line with the conditions you signed up for. Might be expensive.0
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theartfullodger said:Of course you can cancelIn line with the conditions you signed up for. Might be expensive.
I think that's very unlikely to be an option.
I've read dozens of estate agents' contracts, and I've never seen one that allows you to terminate the contract before the minimum contract period has ended.
Or if you mean cancelling during the statutory cooling-off period - that only lasts 14 days. The OP says their property has been with the EA for 3 weeks. So that's not an option.
(I guess the OP could try to negotiate a deal with the EA - maybe say something like "I'll offer you £x, to let me get out of the contract". But the EA might still say "no".)1 -
I don't see a reason to cancel, really. first, it's barely been a few weeks, but if you expected the agent to guarantee a sale in 2 weeks, you're delusional and the problem is you, not the agent.
usually though, the problem is elsewhere, otherwise you'd have had a few viewings. the price is probably not right.0 -
As @eddddy says, what’s to be achieved by cancelling?Is there another agent you want to appoint that you can be sure actually has a better pool of buyers? Would the first agent charge less if they became sole agent?No reliance should be placed on the above! Absolutely none, do you hear?0
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eddddy said:theartfullodger said:Of course you can cancelIn line with the conditions you signed up for. Might be expensive.
I think that's very unlikely to be an option.
I've read dozens of estate agents' contracts, and I've never seen one that allows you to terminate the contract before the minimum contract period has ended.
Or if you mean cancelling during the statutory cooling-off period - that only lasts 14 days. The OP says their property has been with the EA for 3 weeks. So that's not an option.
(I guess the OP could try to negotiate a deal with the EA - maybe say something like "I'll offer you £x, to let me get out of the contract". But the EA might still say "no".)
Of course some of those contracts may be deemed unfair and unenforceable.
Best wishes to all
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In days gone by going multi agency was common. Not so today for good reason.
Buyers used to go in to agents offices and 'register' so multi agency made sense. Nowadays everyone looks at Rightmove (well, most people), and seeing the same property consecutively listed by two agents just looks desperate. And adds nothing (except higher fees).
3 weeks is not long enough to judge. And ay marketing spiel you were given was just that - marketing. End of the day buyers will either view or not view and the agent can't force them....
12 weeks minimum contract? I'd never sign that. Should have negotiated 6 or 8 weeks -in case the agent proved useless....
What notice period did you agree? 2 weeks? Or the 12 weeks they tried to sign you up to?????
But whatever; you signed up and it will do no harm to sit out the contract period while hoping for a buyer.
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The problem isn't the EA - it's the price. Want proof? - market it at £1 and you'll have shot of it by tomorrow.
I'm no fan of EAs, but they can't magic up buyers from thin air, especially when the place has already been on the market with one agent already, despite their marketing claims to the contrary. To be honest, I think you're in denial about the worth of the place and are clutching at straws as to the reasons there's no interest.... Sorry if this isn't what you wanted to hear.1 -
theartfullodger said:eddddy said:theartfullodger said:Of course you can cancelIn line with the conditions you signed up for. Might be expensive.
I think that's very unlikely to be an option.
I've read dozens of estate agents' contracts, and I've never seen one that allows you to terminate the contract before the minimum contract period has ended.
Or if you mean cancelling during the statutory cooling-off period - that only lasts 14 days. The OP says their property has been with the EA for 3 weeks. So that's not an option.
(I guess the OP could try to negotiate a deal with the EA - maybe say something like "I'll offer you £x, to let me get out of the contract". But the EA might still say "no".)
Of course some of those contracts may be deemed unfair and unenforceable.
Best wishes to all
How often does tht happen and any examples of that, please?
Thnaks0
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