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Estate Agent - do they have a contract?


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Hi,

 

I instructed an estate agent back in March this year to sell my house - upon returning from holiday in May, I cancled the agent as we had not had any offers - this was done via telephone and writing (to which they have never acknowledged)

 

They have called this week and advised they have 2 potential buyers in a position to move if they like the property.

 

I guess the question is:- are they still contracted to sell my house? If so, do i have to pay the original fees discussed or will there be room for negotiation as I have not signed any further paperwork since cancleing thier services.

 

Many Thanks for any advice.

 

Ian

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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how long was the original contract for? have you got another agent and is it exclusive?

suggest you discuss with them the rate they are willng to accept for the introduction, if you are still selling?

they may be still advertising or could be just fishing.

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how long was the original contract for? have you got another agent and is it exclusive?

suggest you discuss with them the rate they are willng to accept for the introduction, if you are still selling?

they may be still advertising or could be just fishing.

 

Not sure about the original length - yes it was exclusive and no, I havent used another agent - just pulled it from the market - they have done 2 viewings yesterday with no mention of the contract.

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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Hello there.

 

I would imagine you signed something with the agent and that it should show the terms of the contract. I've known exclusive agreements last for 6 months. You need to be careful here and check your paperwork, I think.

 

Why is this on the insurance forum btw? You might get more answers on a general consumer one here.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello there.

 

I would imagine you signed something with the agent and that it should show the terms of the contract. I've known exclusive agreements last for 6 months. You need to be careful here and check your paperwork, I think.

 

Why is this on the insurance forum btw? You might get more answers on a general consumer one here.

 

My best, HB

 

Thanx - will try and dig out original paperwork if I still have it....

 

I did post on the general forum, but it has been moved by a mod

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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Hello again. This is what Money Which says about sole agency agreements, in case it helps. There's also some information on the NAEA website.

 

The agents should have given you a contract/agreement and that should define the length of time your agreement was to run for. If you can't find your copy, maybe the estate agent could let you have a copy of what you signed? I would have thought that also sets out how and when you can cancel the agreement.

 

My best, HB

 

Contract terms

 

Sole selling

 

This means the estate agent is the only agent with the right to sell your home during the term of the contract. It is entitled to payment even if you find a buyer yourself. We recommend you don't sign a contract with sole selling rights.

Sole agency

 

Sole agency is the most common estate agent contract. This is the same as sole selling with the exception that, if you find a buyer yourself, you don’t have to pay the agent.

However, if sole agency contracts are open-ended, an agent can still claim commission if it introduced a buyer even if the offer is made months (or potentially years) after the estate agent stopped marketing your property.

Illegitimi non carborundum

 

 

 

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