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Estate agency agreement

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GDB2222
GDB2222 Posts: 24,665 Forumite
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in House buying, renting & selling
I am looking at an estate agent's agreement that they have sent me.

One of the paragraphs say "Agreement signed in [name of the estate agent's] office? Yes/No"

I can sign it at home, or pop into their office and sign it. Which is better?
No reliance should be placed on the above! Absolutely none, do you hear?
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  • theartfullodger
    theartfullodger Posts: 14,597 Forumite
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    aiui you've a 14 day right of cancellation if signed away from office - see e.g.
    https://www.hants.gov.uk/business/tradingstandards/consumeradvice/goodsandservices/offpremisescontracts
  • G_M
    G_M Posts: 51,977 Forumite
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    Sign in he office - immediately committed legally to th contract.

    Sign at home - you have 14 days to change your mind.

    Is this a multi agent contract?
    Or sole agency?
    Or sole selling rights?

    What % fee?
    What minimum contract period?
    What notice period?


    All 3 should be negotiated. Downwards.
  • staffie1
    staffie1 Posts: 1,965 Forumite
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    I negotiated the min contract period from 16 wks to 0 wks. Just had to ask.
    If you will the end, you must will the means.
  • buggy_boy
    buggy_boy Posts: 657 Forumite
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    theartfullodger wrote: »
    aiui you've a 14 day right of cancellation if signed away from office - see e.g.
    https://www.hants.gov.uk/business/tradingstandards/consumeradvice/goodsandservices/offpremisescontracts

    That is not true, rental of residential property is exempt, if you read your own link it even says that.

    Here is the below regulation which states it does not apply to:

    for rental of accommodation for residential purposes;

    http://www.legislation.gov.uk/uksi/2013/3134/regulation/6/made
  • eddddy
    eddddy Posts: 16,440 Forumite
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    G_M wrote: »
    Sign in he office - immediately committed legally to th contract.

    Sign at home - you have 14 days to change your mind.

    But... bear in mind that if you cancel during the 14 day cooling off period, they can ask you to pay any costs they've incurred.
    • So you might have a "no sale, no fee" contract (i.e. if the property doesn't sell during the contract period, you don't have to pay the costs of photos etc)
    • But if you cancel during the 14 day cooling off period, you may have to pay for the cost of photos etc
  • buggy_boy
    buggy_boy Posts: 657 Forumite
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    eddddy wrote: »
    But... bear in mind that if you cancel during the 14 day cooling off period, they can ask you to pay any costs they've incurred.
    • So you might have a "no sale, no fee" contract (i.e. if the property doesn't sell during the contract period, you don't have to pay the costs of photos etc)
    • But if you cancel during the 14 day cooling off period, you may have to pay for the cost of photos etc

    14 day cooling off period does not include residential rental properties so they would be liable for potentially the entire fixed term although if challenged it would be likely if notice was given that the judge would want to see proof the landlord had tried to minimise losses (Although this should not be relied upon)...
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 2 December 2019 at 7:45PM
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    That is not true, rental of residential property is exempt,
    buggy_boy wrote: »
    14 day cooling off period does not include residential rental properties so they would be liable for potentially the entire fixed term ........
    OP has not mentioned residential rental properties.
    I am looking at an estate agent's agreement
  • buggy_boy
    buggy_boy Posts: 657 Forumite
    edited 3 December 2019 at 12:26AM
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    G_M wrote: »
    OP has not mentioned residential rental properties.

    Estate agents either sell or rent houses. If selling/buyint it would be solicitors that do the contract. If its rental then this is done by estate agents..

    Unless they are selling which usually the agreement is sent wrongly after its marketed. It could be a selling agreement but maybe wrongly I would assume it to be a rental agreement although could be wrong, either way op would need to clarify as clearly different people have interpreted it differently.
  • GDB2222
    GDB2222 Posts: 24,665 Forumite
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    Thanks for the advice, very helpful. There are a couple of things to negotiate, but I’m happy enough with the contract. It’s the agency agreement to sell a house.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • G_M
    G_M Posts: 51,977 Forumite
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    buggy_boy wrote: »
    Estate agents [STRIKE]either[/STRIKE] sell [STRIKE]or rent[/STRIKE] houses.
    Letting agents let (or rent) houses.


    If selling/buyint it would be solicitors that do the contract.True If its rental then this sometimes is done by [STRIKE]estate[/STRIKE]letting agents and sometimes by solicitors..
    ...... would need to clarify as clearly different people have interpreted it differently.
    Indeed they have, but fortunately the OP has now clarified.
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