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Montuiiri
Posts: 10 Forumite
Hi
Hope all well.
I was with one estate agent for a year but had poor service so gave them 28 days notice to cancel the contract. I have gone with another estate agent now but the old estate agent continues to market the property on their website and rightmove even though the contract ended 11/5/18.
They wanted to put a viewer through for a 2nd viewing but have told them no as they are not entitled to market the property. They claim that if the viewer goes to the new agent then we are liable to pay the fees as they found them originally.
Does anyone know how to deal with bad estate agents (Paul Carr) and what the rights are to property removal?
Thanks
Hope all well.
I was with one estate agent for a year but had poor service so gave them 28 days notice to cancel the contract. I have gone with another estate agent now but the old estate agent continues to market the property on their website and rightmove even though the contract ended 11/5/18.
They wanted to put a viewer through for a 2nd viewing but have told them no as they are not entitled to market the property. They claim that if the viewer goes to the new agent then we are liable to pay the fees as they found them originally.
Does anyone know how to deal with bad estate agents (Paul Carr) and what the rights are to property removal?
Thanks
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Comments
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What does your contract say?
Chances are if they introduced the buyer (first viewing), then they'll be due the fee. Did they pass their name on to the second EA?2023 wins: *must start comping again!*0 -
They claim that if the viewer goes to the new agent then we are liable to pay the fees as they found them originally.
That's how almost all estate agents contracts work. The old EA 'introduced' that person, so they are due a fee if that person goes on to buy.
Hopefully, your new EA's contract says you wouldn't have to pay the new EA's fee, for a buyer introduced by your previous EA.
(Sadly, some EA's contracts don't say that, especially if they are 'sole selling rights'.)
Check your new EA's contract, and potentially tell the new EA about the person coming for a second viewing, to avoid any 'misunderstanding' in the future.0 -
It is in the old EA contract that within 6 months of termination. Surely thats just any that have had an actual viewing? Luckily only a few as the agent Paul Carr were absolutely useless. Terrible service, feedback over a week later.
New agent knows and also have said not to worry as uts the 2nd complaint this week they have had about the said agent.
Also surely they have no right to be marketing it now as we terminated the contract?? Have given them 24 hours to remove from all websites.
EAs are just ruthless. Terrible industry.0 -
It is in the old EA contract that within 6 months of termination. Surely thats just any that have had an actual viewing? Luckily only a few as the agent Paul Carr were absolutely useless. Terrible service, feedback over a week later.
New agent knows and also have said not to worry as uts the 2nd complaint this week they have had about the said agent.
Also surely they have no right to be marketing it now as we terminated the contract?? Have given them 24 hours to remove from all websites.
EAs are just ruthless. Terrible industry.
(my bolding)
Potentially not just anyone that had a viewing, but anyone that registered an interest (e.g. arranged a viewing but cancelled it)0 -
Original viewing with old agent back in april. Now terminated contract from 11th may but they have still been trying to out viewers forward to view and weve said no as they are no longer agent. Someone wanted 2nd viewing but said no as now under contract with new agent.
Anyway they have only had about 4 viewers in 6 months so shouldnt be an issue. It cant count as people on mailing lists as most agents would have same lists as people sign up to all of them.
Anyway just looked again and eventually removed from both sites.
Absolutely terrible agent. Poor customer service and never any feedback unless ask for it. Usually a week later or more.
Thanks anyway.0 -
I would have accepted the second viewing and paid the first agents. (Would have to check contract to see if 2nd ones were due any fee.)Original viewing with old agent back in april. Now terminated contract from 11th may but they have still been trying to out viewers forward to view and weve said no as they are no longer agent. Someone wanted 2nd viewing but said no as now under contract with new agent.
Not nice dealing with rubbish ones - I had to buy through one who'd had me in tears, belittled me, and made me jump through bloody hoops to buy the house - but I still dealt with them. Blocked their number mind, and told them to only deal with me on email (said I couldn't take calls at work). Was okay by the end and it all went through in around 9 weeks which is pretty good.2023 wins: *must start comping again!*0 -
Yeah agents are ruthless.
Wouldn't want to give the old agent privilege to be honest. They were useless and incompetent.
It will sell soon enough with the new one.
Thanks all anyway.0 -
Original viewing with old agent back in april. Now terminated contract from 11th may but they have still been trying to out viewers forward to view and weve said no as they are no longer agent. Someone wanted 2nd viewing but said no as now under contract with new agent.
Anyway they have only had about 4 viewers in 6 months so shouldnt be an issue. It cant count as people on mailing lists as most agents would have same lists as people sign up to all of them.
Anyway just looked again and eventually removed from both sites.
Absolutely terrible agent. Poor customer service and never any feedback unless ask for it. Usually a week later or more.
Thanks anyway.
Inform the agent that since you have withdrawn consent for the services provided you now require them to erase all the personal data they hold about you under article 17 of the GDPR or you will report them to the regulator.
Edit: if they haven!!!8217;t removed things by 25th May....0 -
Inform the agent that since you have withdrawn consent for the services provided you now require them to erase all the personal data they hold about you under article 17 of the GDPR or you will report them to the regulator.
It's not designed to be used to get out of legally binding contracts. Can you imagine the free for all that would result if it did.
'I've racked up a massive debt but I require company x to delete all data they hold about me'!
The data collected by the EA is still required as per the terms of the OPs contract with them, and can be proven that it is still required. If the EA erases all data, how they can enforce the term that the OP readily agreed to at the outset?0
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