Estate agent issue

[ftolad]

Hi all,

 

This isn't a letting jproblem but something wrong with the estate agent I instructed to sell my home... Sorry if there is another sub forum, I couldn't see one for house purchases or sales. Also my apologies for the length of the post.

 

I instructed an agent back in August on a single agency 16 week initial contract. From start to finish they have been a nightmare, with the property not being advertised on all of the websites they say they will. I've had to contact them on a weekly basis to chase this up, and they have not secured any viewings at all. The relationship has soured somewhat, so I decided that I sold not allow the contract to roll on after the initial 16 week period, and as termination would be required in writing, I sent a letter to this effect earlier this week.

 

They replied stating that according to their terms and conditions I would have to pay a £50 withdrawal fee which I'm arguing against due to the problems experienced... But there has been a further development. They stated that 15 days notice is required to cancel, and I stated in my letter that the contract would not be terminated until the end of the initial period, at the end of this month. They have in the last day withdrawn the listing from all of the websites and also had the sale board removed from the property.

 

Now, as we have already moved I spoke to my neighbour to confirm this, so I want to pick up the keys that I gave the agent on Monday. The issue is whether they will refuse to hand them over until I pay their small fee. Technically I think they have definitely breached their own contract as they have withdrawn the listing far earlier than the contract states, and also way before I requested it. The thing is, if they do withhold the keys is this still a civil matter, or can I call the Police?

 

I'm hoping to still resolve this amicably but I doubt at the moment that this will happen.

 

Thanks in advance,

 

Rich.

[mariner51]

This may be the wrong Forum. Perhaps better suited to Gen Consumer issues?

[ftolad]

Could a mod please put this in the appropriate subforum? As mentioned above, lettings seemed the closest match so apologies for posting in this subforum.

[Steve__M]

I would say refusing to return your keys would be regarded as a civil matter.

 

I've never heard of an estate agent charging a withdrawal fee - is this in the contract you signed even if you stay the full 16 weeks?!

 

If it has failed to get any viewings despite eventually being on the agreed websites, maybe it is overpriced for the current market? They are supposed to judge the price but they take your views into account too - did you push them too high?

[ftolad]

I would say refusing to return your keys would be regarded as a civil matter.

 

I've never heard of an estate agent charging a withdrawal fee - is this in the contract you signed even if you stay the full 16 weeks?!

 

If it has failed to get any viewings despite eventually being on the agreed websites, maybe it is overpriced for the current market? They are supposed to judge the price but they take your views into account too - did you push them too high?

 

No, the price was reasonable for the area. My personal view is that they didn't really push it at all. Although the contract is only a few paragraphs long, the withdrawal fee is noted. I collected the keys earlier after a 4 hour drive, and nothing was mentioned about the fee. They've removed the listing completely along with the sale board, so as far as I'm concerned they're in breach of contract. Hopefully they won't push for the fee but if they do I'll take it further.

[Steve__M]

I doubt they will bother for £50 - I think the lesson though is to read the contract a bit closer.

 

My friend put his house up with a big agent - he agreed the fees for successful selling, then the guy shoved the contract into his face for signing with a higher fee written on it!

[ftolad]

I doubt they will bother for £50 - I think the lesson though is to read the contract a bit closer.

 

My friend put his house up with a big agent - he agreed the fees for successful selling, then the guy shoved the contract into his face for signing with a higher fee written on it!

 

With hindsight I would have examined the short contract more closely and compared it with other estate agent contracts. Which have one on their website as an example. I at least have the keys now, so that's the main thing. It is a shame they were so poor, I really wanted to use a local business and for my money to help them rather than use a bigger chain. After doing some more research I think I shall try Sarah Beeny's new website, Tepilo for a month or so and see what happens.