Estate Agent Contract Breach?
Discussion
While flogging my house I am in contract with the Agent and this contract says that it will be listed on the property websites X, Y & Z.
If it is no longer listed on Z because they have pulled all their properties from that site is this a material breach of contract and would i be within my rights to withold some (all?) payment for such when the sale is completed?
If it is no longer listed on Z because they have pulled all their properties from that site is this a material breach of contract and would i be within my rights to withold some (all?) payment for such when the sale is completed?
I can't see that it would enable you to reduce any fee you pay them, they have afterall at that point sold your house for you. If there is a minimum period tie in to that agent and because of this action you wanted to use another agent, then yes I would say you stood a very good chance of being able to get out of any early termination charges they may usually try to levy. This is just an estate agent tightening it's belt, happening all over the place. Ultimately as long as it's on Rightmove I wouldn't fret it too much, only ditch em if you want to for other reasons and can use this as a getout.
A lot of agents with multiple offices are pulling out of Righmove, mostly due to the cost rather than a lack of leads.
If there is another agent that you are happy to use whos on rightmove i'd ask to terminate your contract because they are no longer on there, most will let you walk...
If there is another agent that you are happy to use whos on rightmove i'd ask to terminate your contract because they are no longer on there, most will let you walk...
Rightmove is the daddy and I am guessing they can charge agents accordingly - forget the chance of paying less if they do manage to sell it (apart from it being a legal minefield which may not come off) as the market is falling, not being on RM could mean longer to sell and the extra value drop during that time could easily exceed the fees you might or might not pay the agent. Better just to do everything you can just to get the sale as soon as you can, for me that would be making sure my property was on RM as a given.... we are on at the moment and it was one of the first questions I asked.
Seriously?? I can understand that agents are stuck between a rock and hard place and with less sales will need to watch costs, but surely they are going to need every lead going and lower leads is just endemic of the market no... as an avid market browser I can't see Rightmove being anything but the first stop for the bulk of househunters these days - Better a £1 with the best who will generate something, than 30p wasted on a lesser known portal who might provide nowt.
As stated above. In theory variation to the terms of the contract will not void you from paying a fee to the said agency should they successfully introduce a purchaser - however it would allow you to revoke your arrangement with the agency under their original contract if a purchase has not been arranged and you wished to change agents. However, if someone they had originally introduced then came back through the new agent you would still be liable to the original agent for a fee also.
touching cloth said:
Rightmove is the daddy and I am guessing they can charge agents accordingly - forget the chance of paying less if they do manage to sell it (apart from it being a legal minefield which may not come off) as the market is falling, not being on RM could mean longer to sell and the extra value drop during that time could easily exceed the fees you might or might not pay the agent. Better just to do everything you can just to get the sale as soon as you can, for me that would be making sure my property was on RM as a given.... we are on at the moment and it was one of the first questions I asked.
rightmove used to be the daddy IMEnow it's all about findaproperty and primelocation in terms of leads.. I can't remember the last time I had a sales lead from rightmove, and I only get 1 or 2 a day from lettings..
..the other two seem to generate 2-3 sales leads and 10-15 lettings leads per day each.
also, rightmove have recently jacked their costs up which makes them less attractive.
If the agency removes their marketing from a particular website they won't have done it because they don't want your property to sell, or because they'd like to reduce the odds of your property attracting a buyer.
I really do think that a little thought sometimes would save agents a great deal of hassle most of the time
..the agent will want to sell your property (desperately, I should think) and they won't have done anything to undermine that. chances are it's a sound business decision and nothing to worry about.
having said that, if you truly feel strongly about being on rightmove then i'm sure the agency will put you on there if you really make a fuss - it's simply not worth the hassle for the sake of £3 per week
as for negotiating on the fee, in this market...
no chance. any agent worth his salt will be upping their fee percentage anyway - less turnover = higher fees. the average fee in my town has increased to 2% sole agency because there is simply less business around.. it's the 1% merchants that go bust, and i'd only ever do that for a buddy of mine - or often nowt old pals and all that 
jamescodriver said:
A lot of agents with multiple offices are pulling out of Righmove, mostly due to the cost rather than a lack of leads.
If there is another agent that you are happy to use whos on rightmove i'd ask to terminate your contract because they are no longer on there, most will let you walk...
oh sure, agents will let you walk over almost anything in this market, more so if you are a)difficult to deal with b) unrealistic on pricing/the market or perhaps c) trying to advise us how to do the jobIf there is another agent that you are happy to use whos on rightmove i'd ask to terminate your contract because they are no longer on there, most will let you walk...
it's a blessing in disguise to let go of overpriced of difficult clients, saves marketing money and staff time
the answer here is to weigh up how important you feel being on RM is and then call the manager of the agency and ask them the reasons for putting their account on stop
I resemble that remark!touching cloth said:
minimax basically said:
We want the easy sales only now, and we're upping our fees and reducing our outgoings
Just as I thought, lazy pennypinching b
ds
Edited by touching cloth on Wednesday 6th August 15:21
one really only wants to take on stock that is realistically priced and aware of market conditions, otherwise you get gimps telling you that you're s
t because you can't shift their property after 4 weeks when you sold their neighbours property 18 months ago for 10% more... these are the ones that try to neg on the fee and cause you hassle, and usually also the hyacinth bucket characters too hey ho..
thankfully we're more geared to surveying, property management and financial advice (my game) with estate agency more of a sideline
minimax said:
as for negotiating on the fee, in this market... no chance. any agent worth his salt will be upping their fee percentage anyway - less turnover = higher fees. the average fee in my town has increased to 2% sole agency because there is simply less business around.. it's the 1% merchants that go bust, and i'd only ever do that for a buddy of mine - or often nowt old pals and all that
my girlfriend managed to negotiate her fee down below 2% last week - one of the bigger london agents no chance. any agent worth his salt will be upping their fee percentage anyway - less turnover = higher fees. the average fee in my town has increased to 2% sole agency because there is simply less business around.. it's the 1% merchants that go bust, and i'd only ever do that for a buddy of mine - or often nowt old pals and all that Gassing Station | Business | Top of Page | What's New | My Stuff