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    • nicky73
    • By nicky73 14th Sep 18, 1:20 PM
    • 10Posts
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    nicky73
    Estate agent won't take house off market - outside contract
    • #1
    • 14th Sep 18, 1:20 PM
    Estate agent won't take house off market - outside contract 14th Sep 18 at 1:20 PM
    Hi,
    Really could do with some advice.
    My house on market for 3 months with few viewers but though positive feedback no offers.
    The market here very slow & as I'm in no rush to sell I decided to take the house off the market. Once we see what happens after Brexit I'll decide them what to do.
    My contract with estate agent was 8 weeks so well outside of contract. I emailed them this morning to take house off the market & thanked for their help.
    Immediately they said they had someone to view tomorrow. This is very suspicious that this buyer appeared seconds after I said I'm taking house off the market!!
    I replied to say no to the viewing & that I've made decision to take house off market. I'd hoped a second instruction would do the job.
    They've now emailed to say they can do viewing next week instead? Why won't they listen to me?
    Any suggestions on what to say to make them take off market appreciated. I've already said that I'm leaving it until after Brexit & not moving elsewhere to other agent.

    Very stressful & if / when I try to sell next year or two it won't be with them!!

    Many thanks
Page 1
    • Elliott.T123
    • By Elliott.T123 14th Sep 18, 1:25 PM
    • 11 Posts
    • 16 Thanks
    Elliott.T123
    • #2
    • 14th Sep 18, 1:25 PM
    • #2
    • 14th Sep 18, 1:25 PM
    I would make sure you have written proof that you would like to end the contract and take the house off the market and then ignore any future communication with them. You have made it clear what you would like to do.
    • Lokolo
    • By Lokolo 14th Sep 18, 1:26 PM
    • 20,002 Posts
    • 15,136 Thanks
    Lokolo
    • #3
    • 14th Sep 18, 1:26 PM
    • #3
    • 14th Sep 18, 1:26 PM
    Just reply

    "As per my previous email, I will no longer be selling my property and therefore no viewings will be taking place."

    And if they keep hassling you, just repeat the same email. They'll eventually get the hint.

    Have you actually given them notice of ending your contract with them?
    • nicky73
    • By nicky73 14th Sep 18, 1:34 PM
    • 10 Posts
    • 0 Thanks
    nicky73
    • #4
    • 14th Sep 18, 1:34 PM
    Thanks
    • #4
    • 14th Sep 18, 1:34 PM
    Thanks both.
    Yes I gave notice this morning by email & explained why.
    I'll email again now (3rd time!) & tell them once more then as suggested ignore them.
    They do have my keys for viewings so I'll ask these be returned. I would hope that they wouldn't come in while I'm at work to do a viewing if I do this?
    Not impressed with them - I may have considered using them when I try to sell again as don't feel their fault not sold but the market - but this has changed my mind. I know they want the business in this market but I'm well outside contract & they must have had thoughts I'd move from them or take house off market.
    • Elliott.T123
    • By Elliott.T123 14th Sep 18, 1:37 PM
    • 11 Posts
    • 16 Thanks
    Elliott.T123
    • #5
    • 14th Sep 18, 1:37 PM
    • #5
    • 14th Sep 18, 1:37 PM
    I would go into the office ASAP to pick up the keys.
    • G_M
    • By G_M 14th Sep 18, 1:42 PM
    • 45,314 Posts
    • 54,311 Thanks
    G_M
    • #6
    • 14th Sep 18, 1:42 PM
    • #6
    • 14th Sep 18, 1:42 PM
    Do you know what your contract with them says? If not, read it!


    * There is probably a notice period: 2 weeks? 4?
    * There may be a charge for coming off the market - the agent has incurred costs in marketing your property in the hope/expectation of finding a buyer and earning their commission, thus covering their costs - not just making a profit. If you remove their possibility of earning this fee, the contract may allow them to bill you. Check!
    * did you get a 'free' EPD via them (as incentive to use their services)? Again, the contract may allow them to charge for this if you remove from the market (or switch agent). Check!
    * does the contract specify email is an acceptable method to serve notice? Or do you have to write?


    So many unanswered possibilities!
    • eddddy
    • By eddddy 14th Sep 18, 1:50 PM
    • 6,887 Posts
    • 6,808 Thanks
    eddddy
    • #7
    • 14th Sep 18, 1:50 PM
    • #7
    • 14th Sep 18, 1:50 PM
    As G_M says, as you've now gone beyond the 8 week minimum contract period...

    ...you probably need to give them 2 or 4 weeks written notice to terminate the contract - read your contract to check (And follow any rules that they specify for terminating the contract).

    In theory, the EA can still introduce buyers during the notice period, and claim their fee if it leads to a sale.

    But in practice, if you refuse viewings, there's nothing the EA can do.

    To avoid any future arguments, also ask for a list of prospective buyers that they believe they have introduced to the property - as they would claim a fee, if any of them went on to buy.
    • nicky73
    • By nicky73 14th Sep 18, 2:49 PM
    • 10 Posts
    • 0 Thanks
    nicky73
    • #8
    • 14th Sep 18, 2:49 PM
    Thanks all
    • #8
    • 14th Sep 18, 2:49 PM
    I've checked the contract & it doesn't mention a notice period outside the 8 week contract or the need to pay fees.
    I didn't need a new EPC as the house is 8 years old & I had to pay separately for a floor plan so they didn't incur costs there.
    It doesn't mention need to cancel by letter & their emails have a note to say they don't send 'paper' communication unless specifically requested so I'll email again & see how I get on.
    I have no plans to put house on market again for at least 6 months so they won't have claim to any commission if someone buys at a later date.

    Thanks for the advice, thought this would be easy out of contract period! I haven't had a viewing for 3 weeks so I'm very cynical that the moment I want to take off market someone is (in their words) 'desperate to buy'.
    • eddddy
    • By eddddy 14th Sep 18, 3:13 PM
    • 6,887 Posts
    • 6,808 Thanks
    eddddy
    • #9
    • 14th Sep 18, 3:13 PM
    • #9
    • 14th Sep 18, 3:13 PM
    I've checked the contract & it doesn't mention a notice period outside the 8 week contract...
    Originally posted by nicky73
    That's very unusual!

    However, there really should be instructions on how to terminate the contract. Which redress scheme is the EA a member of? The Property Ombudsman Scheme mandatory code of practice says:


    Duration and Termination

    5m Your Terms of Business must clearly state the minimum
    duration of your instruction, and how it can be terminated by
    either party.

    Link: https://www.tpos.co.uk/images/documents/rules-codes-obligations/residential-estate-agents/TPOE27-6_Code_of_Practice_for_Residential_Estate_Agents_A 4_-_effective_from_1_Oct_2016.pdf
    • steampowered
    • By steampowered 14th Sep 18, 5:14 PM
    • 2,840 Posts
    • 2,812 Thanks
    steampowered
    The EA will have had to pay to list the property on rightmove/zoopla.

    Do get a copy of the T&Cs you signed and read them all the way through.
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