Terminating Estate Agents
Discussion
Whilst one may wish to Terminate Estate Agents - I'm referring to their contracts.
I agreed to a 12 week sole agency contract with a 28 day notice to terminate - having had 3 viewings in over 2 months despite reducing the price, I wish to try a different Agent and have given notice.
My reading of the contract is that I can Terminate after 12weeks providing I give notice at 8weeks - the Agent insists notice cannot be given until the 12 weeks are up.
Who's right ?
Talking to other Agents they say they can be instructed after the 12 weeks as long as they don't complete a sale within the next 28days the first Agent has no claim.
Is this correct ?
I don't want to sell it and end up with a double fee nor a claim for costs from either Agent.
Thanks
I agreed to a 12 week sole agency contract with a 28 day notice to terminate - having had 3 viewings in over 2 months despite reducing the price, I wish to try a different Agent and have given notice.
My reading of the contract is that I can Terminate after 12weeks providing I give notice at 8weeks - the Agent insists notice cannot be given until the 12 weeks are up.
Who's right ?
Talking to other Agents they say they can be instructed after the 12 weeks as long as they don't complete a sale within the next 28days the first Agent has no claim.
Is this correct ?
I don't want to sell it and end up with a double fee nor a claim for costs from either Agent.
Thanks
It's a very short contract the exact wording for this section is:
The agreement and the appointment of the agent shall subsist for a period of 12 weeks and continue thereafter until terminated by either party, giving 28 days prior written notice to the other.
I understand the need for a notice period as they don't want to be terminated if they have just paid for a large Ad etc
When he was instructed he said "If we can't sell it in 12 weeks, then we can't sell it, there's no point tying people into long contracts as they will just be awkward and obstruct the sale so we release them if they want to terminate.
Except now he's not.
The agreement and the appointment of the agent shall subsist for a period of 12 weeks and continue thereafter until terminated by either party, giving 28 days prior written notice to the other.
I understand the need for a notice period as they don't want to be terminated if they have just paid for a large Ad etc
When he was instructed he said "If we can't sell it in 12 weeks, then we can't sell it, there's no point tying people into long contracts as they will just be awkward and obstruct the sale so we release them if they want to terminate.
Except now he's not.
Unless I'm mistaken you've bought and sold many times historically so I wonder if you haven't picked up a friendly solicitor with whom you couldn't have a quick word perhaps followed by a short letter of clarification to send along with your letter of termination,
FWIW I read that clause as allowing the contract to be terminated on the 12th week having given the required 4 weeks notice within the period of the sole agency agreement,
It doesn't immediately strike me as a particularly professional contract from your description. Cheap agency?
FWIW I read that clause as allowing the contract to be terminated on the 12th week having given the required 4 weeks notice within the period of the sole agency agreement,
It doesn't immediately strike me as a particularly professional contract from your description. Cheap agency?
Yes I have, I suppose that's best, it seemed obvious to me what it meant - until I spoke to the agent earlier today.
No - allegedly the top agent in town and have been for 30+ years but I think they've got lazy - I have a fantastic house but it doesn't look as impressive from outside so I need to get people through the door.
No - allegedly the top agent in town and have been for 30+ years but I think they've got lazy - I have a fantastic house but it doesn't look as impressive from outside so I need to get people through the door.
The wording doesn't say that notice cannot be given within the 12 week period of when the contract is in force, so reading it plainly I wouldn't have expected that to be the case either. I'm not an expert in contracts (which is perhaps important!) so I'd expect an important point like that to be explicitly stated if it was intended.
So, I think they are trying it on.
So, I think they are trying it on.
Put simply, it's not a 12 week contract if you're not entitled to serve notice to terminate on the contract period reaching 12 weeks, it would be a 16 week contract with a provisional break possibility at 12 weeks. Accordingly I think they're in a very challengable position in respect of their stance from a legal standpoint.
That said, before getting into that game, I would want to be confident I could go somewhere else and get better service. Have you had a good look at the competition, and taken soundings about their performance/service? I wouldn't want to alienate possibly the best option in town to split it down to an interpretation of the contract wording, as this may result in you paying in the longer term, either by a slower sale or some other financial loss (lower sales value, additional fees incurred etc).
That said, before getting into that game, I would want to be confident I could go somewhere else and get better service. Have you had a good look at the competition, and taken soundings about their performance/service? I wouldn't want to alienate possibly the best option in town to split it down to an interpretation of the contract wording, as this may result in you paying in the longer term, either by a slower sale or some other financial loss (lower sales value, additional fees incurred etc).
A while ago I was selling a flat. Agent had done well selling another on the estate so I instructed him.
The original sale fell through, and another neighbour put their up as well with them. I was a little put out.
In the end I gave him notice, instructed a new agent and got new agent to agree a joint agency deal with old agent for the overlap. It cost me slightly more, but got the job done quick which was what I wanted.
The original sale fell through, and another neighbour put their up as well with them. I was a little put out.
In the end I gave him notice, instructed a new agent and got new agent to agree a joint agency deal with old agent for the overlap. It cost me slightly more, but got the job done quick which was what I wanted.
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