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    • Montuiiri
    • By Montuiiri 15th May 18, 10:45 AM
    • 4Posts
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    Montuiiri
    Estate Agent Advice
    • #1
    • 15th May 18, 10:45 AM
    Estate Agent Advice 15th May 18 at 10:45 AM
    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
Page 1
    • hazyjo
    • By hazyjo 15th May 18, 10:59 AM
    • 10,876 Posts
    • 14,318 Thanks
    hazyjo
    • #2
    • 15th May 18, 10:59 AM
    • #2
    • 15th May 18, 10:59 AM
    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?
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • eddddy
    • By eddddy 15th May 18, 11:14 AM
    • 6,886 Posts
    • 6,807 Thanks
    eddddy
    • #3
    • 15th May 18, 11:14 AM
    • #3
    • 15th May 18, 11:14 AM
    They claim that if the viewer goes to the new agent then we are liable to pay the fees as they found them originally.
    Originally posted by Montuiiri
    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.
    • Montuiiri
    • By Montuiiri 15th May 18, 11:44 AM
    • 4 Posts
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    Montuiiri
    • #4
    • 15th May 18, 11:44 AM
    • #4
    • 15th May 18, 11:44 AM
    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.
    • hazyjo
    • By hazyjo 15th May 18, 11:47 AM
    • 10,876 Posts
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    hazyjo
    • #5
    • 15th May 18, 11:47 AM
    • #5
    • 15th May 18, 11:47 AM
    Surely thats just any that have had an actual viewing?
    Originally posted by Montuiiri
    Thought they had. Who was the first viewing with then? You said "They wanted to put a viewer through for a 2nd viewing"
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • KittenChops
    • By KittenChops 15th May 18, 11:56 AM
    • 125 Posts
    • 84 Thanks
    KittenChops
    • #6
    • 15th May 18, 11:56 AM
    • #6
    • 15th May 18, 11:56 AM
    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.
    Originally posted by Montuiiri
    (my bolding)
    Potentially not just anyone that had a viewing, but anyone that registered an interest (e.g. arranged a viewing but cancelled it)
    • Montuiiri
    • By Montuiiri 15th May 18, 12:44 PM
    • 4 Posts
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    Montuiiri
    • #7
    • 15th May 18, 12:44 PM
    • #7
    • 15th May 18, 12:44 PM
    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.
    • hazyjo
    • By hazyjo 15th May 18, 12:52 PM
    • 10,876 Posts
    • 14,318 Thanks
    hazyjo
    • #8
    • 15th May 18, 12:52 PM
    • #8
    • 15th May 18, 12:52 PM
    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.
    Originally posted by Montuiiri
    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.)


    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.
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • Montuiiri
    • By Montuiiri 15th May 18, 2:51 PM
    • 4 Posts
    • 0 Thanks
    Montuiiri
    • #9
    • 15th May 18, 2:51 PM
    • #9
    • 15th May 18, 2:51 PM
    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.
    • mrginge
    • By mrginge 15th May 18, 3:24 PM
    • 4,619 Posts
    • 8,723 Thanks
    mrginge
    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.
    Originally posted by Montuiiri
    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....
    Last edited by mrginge; 15-05-2018 at 3:36 PM.
    • mije1983
    • By mije1983 15th May 18, 3:38 PM
    • 3,544 Posts
    • 20,262 Thanks
    mije1983
    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.
    Originally posted by mrginge
    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?

    • mrginge
    • By mrginge 15th May 18, 4:01 PM
    • 4,619 Posts
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    mrginge
    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?
    Originally posted by mije1983
    Youíre missing the point.
    Itís a threat. Get my details offline as I am objectionable **** who will keep hassling you and wasting more and more of your time until you do so.

    Even if the EA is more than confident in their right to leave adverts in place, do they really want the hassle of dealing with a regulatory complaint?
    I doubt it.
    • mije1983
    • By mije1983 15th May 18, 4:21 PM
    • 3,544 Posts
    • 20,262 Thanks
    mije1983
    Youíre missing the point.
    Itís a threat. Get my details offline as I am objectionable **** who will keep hassling you and wasting more and more of your time until you do so.

    Even if the EA is more than confident in their right to leave adverts in place, do they really want the hassle of dealing with a regulatory complaint?
    I doubt it.
    Originally posted by mrginge



    I highly doubt empty threats will make any EA let go of any money that could be legally theirs in the future, especially as now they have a 6 month window when they could get paid for doing nothing. And no doubt the EA will see right through the OP as being incorrect, just like when you hear people in shops shouting 'I know my rights', and you can hear they clearly don't! I would say it is more likely that it is going to make them even more determined to get every penny they can from the OP.




    Having re-read your post, the mention of adverts and details being taken offline, it appears you believe the adverts are still in place on RM? The OP confirmed some posts ago that it is no longer the case.

    • mrginge
    • By mrginge 15th May 18, 5:14 PM
    • 4,619 Posts
    • 8,723 Thanks
    mrginge
    Having re-read your post, the mention of adverts and details being taken offline, it appears you believe the adverts are still in place on RM? The OP confirmed some posts ago that it is no longer the case.
    Originally posted by mije1983
    Ah yes, misread OP.
    Ignore all previous.
    • kingstreet
    • By kingstreet 15th May 18, 5:21 PM
    • 34,101 Posts
    • 18,504 Thanks
    kingstreet
    When changing from Agent 1 to Agent 2 it would have been sensible to furnish Agent 2 with a list of those introduced by Agent 1 and agreement reached that if an Agent 1 introduction went on to purchase, only Agent 1 would be remunerated.

    If you did not do this, you may be liable for the fees of both agents.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • cjdavies
    • By cjdavies 15th May 18, 5:29 PM
    • 3,524 Posts
    • 3,786 Thanks
    cjdavies
    Youíre missing the point.
    Itís a threat. Get my details offline as I am objectionable **** who will keep hassling you and wasting more and more of your time until you do so.

    Even if the EA is more than confident in their right to leave adverts in place, do they really want the hassle of dealing with a regulatory complaint?
    I doubt it.
    Originally posted by mrginge
    I'm confused about this new act as it is, thought it was right what you advised and now it's a lie!
    • greatgimpo
    • By greatgimpo 15th May 18, 5:31 PM
    • 776 Posts
    • 1,091 Thanks
    greatgimpo
    You coud have told both estate agents to split the commission or everybody loses. There's nothing to stop you all agreeing to sign a new contract outlining that proposal and dumping the first contract. Don't treat them as gods.
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