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  • FIRST POST
    • GDB2222
    • By GDB2222 2nd Dec 19, 4:39 PM
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    GDB2222
    Estate agency agreement
    • #1
    • 2nd Dec 19, 4:39 PM
    Estate agency agreement 2nd Dec 19 at 4:39 PM
    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?
Page 1
    • theartfullodger
    • By theartfullodger 2nd Dec 19, 4:42 PM
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    theartfullodger
    • #2
    • 2nd Dec 19, 4:42 PM
    • #2
    • 2nd Dec 19, 4:42 PM
    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
    • By G_M 2nd Dec 19, 4:53 PM
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    G_M
    • #3
    • 2nd Dec 19, 4:53 PM
    • #3
    • 2nd Dec 19, 4:53 PM
    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.
    ** If I include a link in my post, click and read it before posting a follow-up question. The answer may be in the link! **
    • staffie1
    • By staffie1 2nd Dec 19, 5:43 PM
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    staffie1
    • #4
    • 2nd Dec 19, 5:43 PM
    • #4
    • 2nd Dec 19, 5:43 PM
    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
    • By buggy_boy 2nd Dec 19, 5:52 PM
    • 644 Posts
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    buggy_boy
    • #5
    • 2nd Dec 19, 5:52 PM
    • #5
    • 2nd Dec 19, 5:52 PM
    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
    Originally posted by theartfullodger
    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
    • By eddddy 2nd Dec 19, 5:54 PM
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    eddddy
    • #6
    • 2nd Dec 19, 5:54 PM
    • #6
    • 2nd Dec 19, 5:54 PM
    Sign in he office - immediately committed legally to th contract.

    Sign at home - you have 14 days to change your mind.
    Originally posted by G_M
    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
    • By buggy_boy 2nd Dec 19, 6:00 PM
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    buggy_boy
    • #7
    • 2nd Dec 19, 6:00 PM
    • #7
    • 2nd Dec 19, 6:00 PM
    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
    Originally posted by eddddy
    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
    • By G_M 2nd Dec 19, 6:43 PM
    • 50,576 Posts
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    G_M
    • #8
    • 2nd Dec 19, 6:43 PM
    • #8
    • 2nd Dec 19, 6:43 PM
    That is not true, rental of residential property is exempt,
    14 day cooling off period does not include residential rental properties so they would be liable for potentially the entire fixed term ........
    Originally posted by buggy_boy
    OP has not mentioned residential rental properties.

    I am looking at an estate agent's agreement
    Last edited by G_M; 02-12-2019 at 6:45 PM.
    ** If I include a link in my post, click and read it before posting a follow-up question. The answer may be in the link! **
    • buggy_boy
    • By buggy_boy 2nd Dec 19, 11:23 PM
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    buggy_boy
    • #9
    • 2nd Dec 19, 11:23 PM
    • #9
    • 2nd Dec 19, 11:23 PM
    OP has not mentioned residential rental properties.
    Originally posted by G_M
    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.
    Last edited by buggy_boy; 02-12-2019 at 11:26 PM.
    • GDB2222
    • By GDB2222 2nd Dec 19, 11:29 PM
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    GDB2222
    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
    • By G_M 3rd Dec 19, 12:50 AM
    • 50,576 Posts
    • 63,196 Thanks
    G_M
    Estate agents either sell or rent 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 estateletting agents and sometimes by solicitors..
    ...... would need to clarify as clearly different people have interpreted it differently.
    Originally posted by buggy_boy
    Indeed they have, but fortunately the OP has now clarified.
    ** If I include a link in my post, click and read it before posting a follow-up question. The answer may be in the link! **
    • buggy_boy
    • By buggy_boy 3rd Dec 19, 2:36 AM
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    buggy_boy
    Indeed they have, but fortunately the OP has now clarified.
    Originally posted by G_M
    They have although I find your alterations unnecessary.. The english dictionary defines estate agent as: a person or business whose job involves selling and renting out buildings and land for clients.

    Also although a solicitor can be used for a tenancy agreement this would be extremely unusual for a residential property.
    • G_M
    • By G_M 3rd Dec 19, 3:01 AM
    • 50,576 Posts
    • 63,196 Thanks
    G_M
    well the OP clearly took it for granted that Estate Agent indicated he was selling.
    Artful responded on that basis.
    As did I.
    And Staffie.
    Edddy too.


    Not huge sample, but 80% of posters made the same interpretation......
    ** If I include a link in my post, click and read it before posting a follow-up question. The answer may be in the link! **
    • Lokolo
    • By Lokolo 3rd Dec 19, 8:47 AM
    • 20,244 Posts
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    Lokolo
    They have although I find your alterations unnecessary.. The english dictionary defines estate agent as: a person or business whose job involves selling and renting out buildings and land for clients.

    Also although a solicitor can be used for a tenancy agreement this would be extremely unusual for a residential property.
    Originally posted by buggy_boy
    Depends which dictionary - mine states it as An estate agent is someone who works for a company that sells houses and land for people.

    However, at the end of the day, an estate agent sells, a lettings agent lets. They both have very different roles.
    • eddddy
    • By eddddy 3rd Dec 19, 10:51 AM
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    eddddy
    Just to clarify...

    The statutory 14 day cooling off period applies to contracts signed away from the place of business, with:
    • estate agents (to sell a property)
    • letting agents (to let a property)

    i.e. It applies to both:
    • where a property owner is instructing an estate agent to find a buyer
    • where a property owner is instructing a letting agent to find a tenant


    If selling/buyint it would be solicitors that do the contract.
    Originally posted by buggy_boy
    You've misunderstood.

    The OP is referring to the contract between a property owner who is selling a house and the EA.

    Solicitors aren't involved in that contract.
    • Mutton Geoff
    • By Mutton Geoff 3rd Dec 19, 1:47 PM
    • 1,828 Posts
    • 2,183 Thanks
    Mutton Geoff
    Thanks for the advice, very helpful. There are a couple of things to negotiate, but Iím happy enough with the contract. Itís the agency agreement to sell a house.
    Originally posted by GDB2222

    Make absolutely sure it's not a "sole selling rights" contract, but "sole agency" instead. Also make sure the cancellation period is no more than 4-6 weeks.
    Compensation/Refunds - £4,655 | Stooz Profits - £7,636 | Quidco - £4,365 | Tax Avoidance - £107,000
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    • staffie1
    • By staffie1 3rd Dec 19, 8:48 PM
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    staffie1
    Make absolutely sure it's not a "sole selling rights" contract, but "sole agency" instead. Also make sure the cancellation period is no more than 4-6 weeks.
    Originally posted by Mutton Geoff
    Preferably 0 wks.
    If you will the end, you must will the means
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