Estate agent contract/will/probate

[Stuyy]

Hi guys and girls, was hoping to get some friendly advice for an issue my father is facing at the moment involving estate agents and the selling of his others property. He has been lied to, ignored and generally treated badly by the estate agents to the point he wants to leave them and sign up with another.

Basically his mum passed away leaving her house to be sold as part of the estate. With his brother they went to see this estate agent to get the property put onto the market. It was here that some paperwork was done (signing up), which my father didn't see nor sign, but his brother did. There is a suggestion (trying to get the contract) that the contract for sole agency could be for 6 months!!

 

My question is, his brother isn't named in her will, nor is a beneficiary in it so can he be accepted as signing documents to sell the property?

Probate has been granted to my father (as the sole executer) so am I right in saying only he can sell the property and thus only his signature counts for the purposes of selling through an estate agent? I'm not sure to be honest and hence could do with some advice thanks

 

Cheers

[honeybee13]

Hello there.

 

I'm in the process of selling my mother's house as executor. From what you've said so far, I would say that only your father could instruct the agents as executor, but I don't understand the part about your father and his brother visiting the agents and only the brother signing.

 

I would say that if it gets to exchange of contracts then only your father can sign, from my experience.

 

Can you tell us a bit more please?

 

HB

[Stuyy]

Hi honeybee and thanks for your response. I should of been clearer sorry.

 

The issue is the estate agents have lied, covered things up and generally been aweful and my father therefore wants to use another estate agent to sell the property. It was his brother that signed paperwork with this estate agent, not my father. Would my father therefore be ok to go with another agent without them trying to claim?

Surely they would have needed him to sign the contract in the first place being he is the executor and has probate for the estate and not his brother, who isn't named as a beneficiary for other reasons.

 

Hopefully that makes sense, thanks again

[steampowered]

The first thing you should do is get a copy of the T&Cs from the estate agent.

 

There may be a clause in there which entitles them to fees if the property is sold within a certain period of time.

 

If the brother signed, he may find that he could be liable for fees if the property is sold.