Estate Agent left current company mid way through setting up my property

eurobabe

Hi the estate agent I chose to go with left their current company mid way through setting up my property and have offered to carry on with myself as they're setting up another estate agency. Estate Agent left current company mid way through setting up my property. I've not signed a contract with the previous estate agency they worked at. The agent still wanting to take me on is offering a professional photographer and a has also mentioned they would be able to dedicate more time to my sale rather than having a mass of clients to deal with. They also come across well out of the previous estate agents I had round. 
On the negative side I'm a concerned their website wont be set up in time or have previous reviews or sold properties on, or possibly any other properties than mine and no for sale sign set up. Will find this out later from them. Also it looks like I'll miss this bank holiday weekend for it to go online where I would've thought it to be a busier weekend as people have more time to view properties. What are you thoughts is this a wise move or should I just go back with the original estate agent who should be able to market my property in time for bank hol weekend?

BarelySentientAI

They were setting up things without you signing a contract?

DE_612183

I'd be a bit wary - this person has no qualms about stealing a customer from their previous employer - something that is probably against the T&Cs of their contract.

That being the case - how trustworthy do you think they will be in handling your sale?

They may be ok, and hope to use your sale to promote their new business.

It's a difficult one to advise on - what is your gut feeling?

eddddy

eurobabe said:

Hi the estate agent I chose to go with left their current company mid way through setting up my property and have offered to carry on with myself as they're setting up another estate agency. Estate Agent left current company mid way through setting up my property. I've not signed a contract with the previous estate agency they worked at. 

If the previous estate agency company had started work "setting up your property", it sounds very much like you've entered into a contract with them.

To be clear, you don't have to sign anything to enter into a contract.

If, for example, the following happened:

• The estate agent gives you a copy of their t&cs
• Later the estate agent asks something like "Would you like us to go ahead?"
• And you reply "Yes"

... you've almost certainly entered into a contract.


If the new estate agency company sells your house, but the old estate agency company believes you are under contract to them, the old estate agency company might sue you for their fees.

eurobabe

Any agreement made with previous estate agent was over their mobile not via company email. I like the agent that has left, he's not your typical pushy sales guy and also not over valuing my property to win the sale, also has good reviews and experienced, plus he offered a no fixed term I could leave at any point, don't have a copy of this in writing however as I was waiting to sign a contract with him.

DullGreyGuy

eurobabe said:

Any agreement made with previous estate agent was over their mobile not via company email. I like the agent that has left, he's not your typical pushy sales guy and also not over valuing my property to win the sale, also has good reviews and experienced, plus he offered a no fixed term I could leave at any point, don't have a copy of this in writing however as I was waiting to sign a contract with him.

As others have said, a contract doesn't have to be signed to be binding. If you proceed with the new estate agency there is a risk you will still be liable for the fees to the other agency. If they "started setting it up" then it wasnt purely over the phone but something have started entering the corporate system of the original agency. 

You are able to go to the new company if you are comfortable taking the risk. You could ask them to indemnify you for the fee and have that put into the contract but then they themselves will also be running a risk already for poaching from their former employer. 

theartfullodger

I don't knowingly do business with cheats or crooks.

eddddy

eurobabe said:

Any agreement made with previous estate agent was over their mobile not via company email. I like the agent that has left, he's not your typical pushy sales guy and also not over valuing my property to win the sale, also has good reviews and experienced, plus he offered a no fixed term I could leave at any point, don't have a copy of this in writing however as I was waiting to sign a contract with him.

It sounds like you're saying there was some deception involved.

You made an agreement (which is another word for a contract) with an estate agent's employee by mobile, and you're hoping that the employee didn't tell their employer.


So if the previous estate agent company contacts you to ask what happened, are you going to fib and say that you never made any agreement over mobile? Or what would your position be?

(If the previous estate agent suspects their ex-employee of using deception to 'steal' their clients, they might decide to take this quite seriously and investigate.)

BarelySentientAI

eddddy said:

eurobabe said:

Any agreement made with previous estate agent was over their mobile not via company email. I like the agent that has left, he's not your typical pushy sales guy and also not over valuing my property to win the sale, also has good reviews and experienced, plus he offered a no fixed term I could leave at any point, don't have a copy of this in writing however as I was waiting to sign a contract with him.

It sounds like you're saying there was some deception involved.

You made an agreement (which is another word for a contract) with an estate agent's employee by mobile, and you're hoping that the employee didn't tell their employer.


So if the previous estate agent company contacts you to ask what happened, are you going to fib and say that you never made any agreement over mobile? Or what would your position be?

(If the previous estate agent suspects their ex-employee of using deception to 'steal' their clients, they might decide to take this quite seriously and investigate.)

And somehow taking the hope that the employee was deceiving their employer as evidence that they're a good choice for doing business with?

eurobabe

Thanks all it does leave me on dodgy ground was you mention above regarding starting a contract and they look to recover costs and yes its an underhand tactic to take previous client. Previous estate agent could try to recover costs for photography and admin at least, if not their fee when it sells. Given me a new perspective on the situation.

Hoenir

Is somebody that has deceived their ex-employer of a least one client. Actually somebody that you can trust to do business with?