Estate agents

Pipval

So I’d be correct in saying that my 12 week contract that I cancelled on the day it expired the 28 day clause would kick in .. 

eddddy

Pipval said:

So I’d be correct in saying that my 12 week contract that I cancelled on the day it expired the 28 day clause would kick in .. 

It probably sounds like I'm being pedantic - but you're using clumsy terminology.


Let's say...

• On the 1st June, you wrote an email or letter to the estate agent saying "I am giving 28 days notice that I wish to terminate my contract with you."

• So on 28th June, your contract will terminate 

In your case...

• Did you write an email or letter saying something like that?

• If not, what did you actually do? (And on what date?)

• And did you get any kind of written response from the estate agent?

Scotbot

Suzycoll said:

Hi
I just cancelled with my estate agents they sent me an e mail with a list of people that have viewed my house . The e mail stated if I was to sell house to people that had viewed I would have to pay their fees

However the (new) estate agent I instructed said that would only apply if they made an offer ? No idea who is correct.?

I'm not quite sure what a 6 month rule is ?

Sorry couldn't be of more help 

They are both correct as no one can buy a property without making an offer.

You don't have to pay fees to EA1 if  a buyer who is on their list views your a house again but does not buy it. You do have to pay their fees if a buyer on their list views again buys it and exchange of contracts happens within 6 months of the contract with EA1 expiring

propertyrental

Pipval said:

So I’d be correct in saying that my 12 week contract that I cancelled on the day it expired the 28 day clause would kick in .. 

As previously explained so well by edddy, the contract did not expire after 12 weeks. Only the minimum term expired, but the contract continued.

If you cancelled it (in writing) on the day the minimum term expired (ie at the 12 week point) then yes, the contract would end after the 28 day notice period.

Pipval

Hi all , I now understand the 28 day / 6 month clause.. it took a bit of time to sink in.. another question if I may .. EA2 has lost my file so there is no documents . What should our action be ? Thank you 

powerful_Rogue

Pipval said:

Hi all , I now understand the 28 day / 6 month clause.. it took a bit of time to sink in.. another question if I may .. EA2 has lost my file so there is no documents . What should our action be ? Thank you 

What do you mean by action? What do you want to achieve?

Pipval

It’s a good question… we suspect that the EA did not have our best interests at heart..we suspect that the EA got in touch with a local buy to rent business and negotiated a price then told us we should accept as the property would go for very much less or not sell at all. We suspect that the AE knew that the buyer had previously viewed the property with another estate agent.. the viewer had used there name with the AE1 but with AE2 had used there business name.. we suspect that AE2 did not list the property at all so that other potential buyers could view the property.. 

eddddy

Pipval said:

It’s a good question… we suspect that the EA did not have our best interests at heart..we suspect that the EA got in touch with a local buy to rent business and negotiated a price then told us we should accept as the property would go for very much less or not sell at all. We suspect that the AE knew that the buyer had previously viewed the property with another estate agent.. the viewer had used there name with the AE1 but with AE2 had used there business name.. we suspect that AE2 did not list the property at all so that other potential buyers could view the property.. 

If you complain to the Property Ombudsman, the Ombudsman will ask EA2 for their files.

If EA2 says they have lost the files, the Property Ombudsman will draw their own conclusions.

I imagine that if EA2 can't provide any files, that will strengthen your case and weaken EA2's case.

Pipval

Thank you for a clear analysis of the problem..it’s trying to understand the consequences to us how the actions of AE2 had impacted on us financially and what we need to do …..