Changing Estate Agents - need some advice

hedgen

OK.. so we signed up with Connells for a 12 week contract. This is our first time selling, so we're new to all this. One of the things I liked most was that there HIP was £299 + VAT and we could pay on sale of the house, much cheaper than the others around us. Anyway, they have been a bit rubbish, and we've found another Estate Agent that will give us a lower rate, and seem much more capable. However, when my husband called Connells to let them know he was told that we need to pay £399 + VAT for the HIP. I was confused. Checked that I had remembered correctly, looked at the contract and sure enough £299 + VAT - so we didn't worry too much. Now, I've found some terms and conditions at the back of this fold out contract that I had never seen before. It states that if we terminate our contract that we have to pay £399 + VAT. Now, they never even showed us this small print, there is no reference to it on the front where we signed, and when we had the valuation I remember specifically asking about if we wanted to change estate agents what would happen, and this was definately not mentioned. Is there any way that I can get out of paying £399 + VAT and still terminate the contract?

nutmegman

difficult to advise without seeing the words.......if there is small print on the back of the contract then it will apply as you should have read the words........


However, this uplift in cost should be clear and bought to your attention at the time of signing the contract (this maybe your first option)

Second, the uplift in cost could be determined as a penalty, which is not reasonable therefore they would not be owed the extra £100.

Third, if they sue you for breach of contract then what is there extra costs, nowt, they have the hip and stated it was x

go for it, i think they are trying it on...........

please read and read again your contract words before you proceed

hedgen

I am so mad at myself for not reading it all, but seriously, I didn't realise there was anything to read. I read the small print for the agency terms, I didn't realise there was more for the HIP, I thought it was just as simple as we pay them for it the price it said where we signed. ARRGGHHH!!!

There is 14 whole points on the back here all about the HIP. It is quite clear, it says:

The price of the HIP is £299 plus VAT (in total £351.33) payable as set-out in Term 5 above. However, the price of the HIP is £399 plus VAT (in total £468.83) payable immediately

• if you withdraw your property from the market;
• or if you terminate our agency agreement;
• or if you instruct another agent so that there is a joint agency or a multiple agency.

Had I known about this, I probably wouldn't have signed. The other thing is, that it was a 12 week contract, are we really terminating - or just stopping the continuation?

nutmegman

hello,

sorry you are actually terminating the contract here as i am sure there will be a clause stating the contract is for a minimum of 12 weeks and not for 12 weeks only. if this clause is not there i am sure it will state it continues after 12 weeks subject to xyz...

the extra money is payable as the clause cleary stated the extra is payable imediatly upon termination.

I am afraid there is nothing you can do to avoid the extra money, unless you stay put

hedgen

Thanks for your reply.. I thought as much.. but I am SOOO ANNOYED!!! I can't believe I didn't read it! I guess it's only £100 in the scheme of things, we'll probably save bit more than that with a 1.35% rather than 1.5% estate agent fee - that's if they sell it!

nutmegman

hedgen wrote: »

I guess it's only £100 in the scheme of things

no its £117.50

chickmug

hedgen wrote: »

OK.. so we signed up with Connells for a 12 week contract. This is our first time selling, so we're new to all this. One of the things I liked most was that there HIP was £299 + VAT and we could pay on sale of the house, much cheaper than the others around us. Anyway, they have been a bit rubbish, and we've found another Estate Agent that will give us a lower rate, and seem much more capable. However, when my husband called Connells to let them know he was told that we need to pay £399 + VAT for the HIP. I was confused. Checked that I had remembered correctly, looked at the contract and sure enough £299 + VAT - so we didn't worry too much. Now, I've found some terms and conditions at the back of this fold out contract that I had never seen before. It states that if we terminate our contract that we have to pay £399 + VAT. Now, they never even showed us this small print, there is no reference to it on the front where we signed, and when we had the valuation I remember specifically asking about if we wanted to change estate agents what would happen, and this was definately not mentioned. Is there any way that I can get out of paying £399 + VAT and still terminate the contract?

Please talk to Trading Standards as Connells have cards in their windows saying free HIP's and in small print "providing you use their conveyancing services". But it is only when you interrogate them in their office that they admit to the money, for the HIP, is payable on the conditions you have outlined. I am in the business and detest this practice of conning people and getting all EA's such bad names. Go for their jugular and good luck.

MissMotivation

chickmug wrote: »

Please talk to Trading Standards as Connells have cards in their windows saying free HIP's and in small print "providing you use their conveyancing services". But it is only when you interrogate them in their office that they admit to the money, for the HIP, is payable on the conditions you have outlined. I am in the business and detest this practice of conning people and getting all EA's such bad names. Go for their jugular and good luck.

Ahh yes.....the infamous Connells "free" HIP.....when will people learn?

Mutton_Geoff

I spent over almost two hours in the agents office examining every bit of "small print" when I sold my last place. With the agent present (and reluctantly in agreement), I crossed out and initialled various bits I didn't like, and varied terms in other clauses so I knew exactly what I was letting myself in for (the agent even had a clause that I should pay them £500 if they didn't sell the property in 6 months and withdrew it from the market!).

Anyone that signs an agreement without fully understanding it risks falling foul of dodgy practise. As estate agents are masters of this, I wouldn't go near one of their agreements until I had read every single word.