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Three Silver Stars
Picture of tina48
Posted
We’ve been with our estate agent for two weeks now and so far they have been really poor.
The problems started when the manager came round to take photos for the details – he took the worst photos I have ever seen – in one of them you could even see him taking the photo in the mirror! He also left out quite a few important details from the particulars – the fact we have a loft and there’s no chain.
We phoned them and asked them to come back and take more photos with my husband there. At this point we obviously hadn’t signed the details and didn’t expect them to be used.
Anyway in the end they cancelled several appointments that afternoon to come back and take the photos, so my husband took some and dropped them off.
In the meantime, they put the old details and old photos on one website (findaproperty) and this morning have put the old photos and details on rightmove. This is all two weeks after we originally signed with them.
I’ve been phoning them every day to check that the new stuff’s going on and every day have been told it will happen tomorrow.
However last night they phoned and admitted the new photos wouldn’t load so they need to take some more. They’re coming back this afternoon (fingers crossed) but everything seems to be a mess, with different details in different places etc!
We signed an 8 week contract with them at 1.75% - this was a higher percentage than other agents offered us but I hoped it would be more of a motivator for them to sell it – and if they do sell it then I won’t resent paying a penny of it.
I just feel like they’re a bunch of muppets and now we’re stuck with them for at least another month. I feel like giving them a deadline to get all the new photos and details loaded on, but then if they don’t we’re kind of stuck with them anyway aren’t we? Or can I complain to their head office (this is a nationwide chain of estate agents )and have the contract cancelled?
I don’t want to kick up a real fuss cos at the end of the day they’ve got the keys to our flat!
Any advice welcome, thanks.
Frown
 
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Gel
One Gold Star
Picture of Gel
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The contract that you signed is binding however they do have to fulfill their part of the contract or they can be deemed to be in breach.

If they really have been that bad then you can cite breach of contract and dissolve the contract - you must put this in writing. If you dont want to be too formal you can give them the notice that they require (normally two weeks). you do not have to wait until the eight weeks are up you can give notice (if two weeks) at six weeks so that the notice expires at the same time your agreement does.

Also just remember that YOU are the customer - you are paying a shed load of money to the estate agent to do a job. Dont back off, be positive, state what you expect from them and then carry it through. You dont have to be agressive to get results just confident.


*** Reality is merely an illusion, albeit a very persistant one - Albert Einstein ***
 
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Three Silver Stars
Picture of tina48
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What happens if we give them notice before the 8 weeks is up? Is it true that if we then go with someone else, if the new agent receives an offer within the original 8 wk period, then we're liable to pay both agents?
 
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Gel
One Gold Star
Picture of Gel
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Yes you would, but you can time your notice period whatever it is to coincide with the end of the eight weeks.
EG: If you have to give two weeks notice, then give it at six weeks into the contract, that way your two weeks notice coincides with the eight weeks contract.

If you have to give four weeks notice, do it at four weeks etc etc.

I made the mistake of waiting until my sole agency agreement had expired BEFORE i gave notice and then ended up staying with the EA for 10 weeks instead of 8.

However if you believe they have not fulfilled their agreement then try to get the contract dissolved- you could threaten the ombudsman if they do not agree to dissolve or shorten the contract term.


*** Reality is merely an illusion, albeit a very persistant one - Albert Einstein ***
 
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Three Gold Stars
Picture of immy21
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You have to wait until the end of the contract BEFORE you can give notice! Most agents contracts say this. It is not unheard of for sellers to give notice and the agent not contest it.
The contract should specify the obligations of the agent if you find that those obligations have not been fulfilled then the agent is in breach allowing you to end it!


"The greatest trick the Devil played, was convincing us all that he did not exist"
 
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