What to write in termination of contract letter to EA?

mon1o

yes i have asked for that in my letter. Here is a draft of the letter i would like to write please let me know if it is too aggressive etc!

Dear Sir/Madam

RE: Termination of Agency Agreement


With effect from today, Monday 2nd June 2008, we hereby instruct you to stop marketing our property. Due to the poor amount of viewings (4 in the whole time we have been on the market), lack of contact from you, poor brochures and marketing (which we have asked you to improve on a number of occasions) we have decided to take our business elsewhere and instruct another agent to market our property.

As mentioned to you previously, we have no chain and have secured a property to purchase (subject to the sale of our house), which, along with the reduction in price we felt was sufficient information for you to obtain more interest.

As we are instructing another agent, I would be grateful if you could please send a list of people who you (in your opinion) have introduced to our property so that in the event we do sell, we are not liable for two sets of fees.

Hows that?
Monica

nutmegman

mon1o wrote: »

yes i have asked for that in my letter. Here is a draft of the letter i would like to write please let me know if it is too aggressive etc!

Dear Sir/Madam

RE: Termination of Agency Agreement


With effect from today, Monday 2nd June 2008, we hereby instruct you to stop marketing our property. Due to the poor amount of viewings (4 in the whole time we have been on the market), lack of contact from you, poor brochures and marketing (which we have asked you to improve on a number of occasions) we have decided to take our business elsewhere and instruct another agent to market our property.

As mentioned to you previously, we have no chain and have secured a property to purchase (subject to the sale of our house), which, along with the reduction in price we felt was sufficient information for you to obtain more interest.

As we are instructing another agent, I would be grateful if you could please send a list of people who you (in your opinion) have introduced to our property so that in the event we do sell, we are not liable for two sets of fees.

Hows that?
Monica

WRONG WRONG WRONG, this draft is a really bad example (sorry) you should not make it personnel or give them any room to challenge what you are saying in the letter.

Just tell them you wish to terminate and that is that as i drafted above, you also need to ensure the letter covers the notice you need to give them...

mon1o

i know i just couldnt resist! heres my real one:



Dear Sir/Madam

RE: Termination of Agency Agreement


With effect from today, Monday 2nd June 2008, we hereby instruct you to stop marketing our property ( address) on Monday 16th June 2008. This covers the two week notice period you require.


As we are instructing another agent, I would be grateful if you could please send a list of people who you have introduced to our property so that in the event we do sell, we are not liable for two sets of fees.

chickmug

mon1o wrote: »

i know i just couldnt resist! heres my real one:



Dear Sir/Madam

RE: Termination of Agency Agreement


With effect from today, Monday 2nd June 2008, we hereby instruct you to stop marketing our property ( address) on Monday 16th June 2008. This covers the two week notice period you require.


As we are instructing another agent, I would be grateful if you could please send a list of people who you have introduced to our property so that in the event we do sell, we are not liable for two sets of fees.

I must admit I saw nothing wrong with your first letter!! I think you may find getting the list of people the most difficult thing to do and that will be hanging over your head for a long time if you don't. There have been court cases, quoted to you, where the agent will not get commission payable but I know of court cases where the agent/s have won.

So if I were you I would insist on a list but what the agent may say is that they can't divulge the information because of some excuse (data protection being one of them). If you find a problem get back and I will give more ideas but meanwhile is the agent a member of the NAEA?

mon1o

chickmug wrote: »

I must admit I saw nothing wrong with your first letter!! I think you may find getting the list of people the most difficult thing to do and that will be hanging over your head for a long time if you don't. There have been court cases, quoted to you, where the agent will not get commission payable but I know of court cases where the agent/s have won.

So if I were you I would insist on a list but what the agent may say is that they can't divulge the information because of some excuse (data protection being one of them). If you find a problem get back and I will give more ideas but meanwhile is the agent a member of the NAEA?

i think they are , they are a national agent (not sure im allowed to name them on here)

nutmegman

mon1o wrote: »

i know i just couldnt resist! heres my real one:



Dear Sir/Madam

RE: Termination of Agency Agreement


With effect from today, Monday 2nd June 2008, we hereby instruct you to stop marketing our property ( address) on Monday 16th June 2008. This covers the two week notice period you require.


As we are instructing another agent, I would be grateful if you could please send a list of people who you have introduced to our property so that in the event we do sell, we are not liable for two sets of fees.

Here is a revised last line,


Please confirm in writing a full list of people you have introduced to our property (add address) and the date your introduced them, this information should be provided before Monday June 16th 2008. In order to protect personnel data all you should confirm is Mr/Mrs (name) and the date you introduced them to the aforementioned property. In the event that this information is not provided by (Agent Name) before the end of this agreement you shall waive your right to claim any fees in relation to people you have introduced to my property.


(this last letter is a bit of a try one, I think it is worth while as you will have given them a reasonable time to respond) I would walk it to their office and ask for a receipt

LandyAndy

nutmegman wrote: »

Here is a revised last line,


Please confirm in writing a full list of people you have introduced to our property (add address) and the date your introduced them, this information should be provided before Monday June 16th 2008. In order to protect personnel data all you should confirm is Mr/Mrs (name) and the date you introduced them to the aforementioned property. In the event that this information is not provided by (Agent Name) before the end of this agreement you shall waive your right to claim any fees in relation to people you have introduced to my property.


(this last letter is a bit of a try one, I think it is worth while as you will have given them a reasonable time to respond) I would walk it to their office and ask for a receipt

Just remember the word is personal.;)

mon1o

well i handed in the revised letter yesterday and the EA really didnt understand why we are leaving them (house went on the market in july 07) I am having it revalued (as i do every few months to keep up with any price changes) this morning at 11am. Last valuation was £95,000 (started off at £105,000 in July) so im expecting another drop which really doesnt bother me because i know soon enough everyone else will have no choice but to drop their prices too.

Anyway i digress. Sorry. Thank you for all your help in writing my letter the temptation to hand in draft 1 was so strong especially when she asked me to 'explain my reasoning' behind wanting to change EA, however i stayed calm.

Once again thanks to all of you!
Monica