glittababe

OK...never sold a house before, so first experience but....what a bunch of t@ssers!!!! Spoke to my sis (a veteran of house moving) and she told me to get 3 quotes (which I did and was happy), then out of the blue this other one phones me up (I'm ex directory, he apparently got number from another agent) and invites himself round (ie on the doorstep). Hubby and I both on nights, so for an easy life we let him in. He looks round, gives it the thumbs up, measures a few walls then sat in my kitchen for TWO hours convincing us 'they're the best agents'. He told us he'd only charge 1% (no big deal thats what the others were asking) and as a trial he'd put a board up outside the house to see what interest their was over the weekend! We reluctantly agreed (again we were tired), signed a form and shuffled back to bed. Weekend came and went.....no advertising board, called them yesterday, called them today and he was so rude, blaming it on the 'board guy'! I went on to vent my anger at his less than perfect interpersonal skills and generally being impolite and he said "we'll get it sorted" and put the phone down!

Is there any way we can get out of this? He told me that the form I signed said they had the rights to be sole agency for 16 weeks!!!! Yes I know we were stupid for letting him in, but we'd both done nights, were very tired and he was very persistent and 'charming' on the doorstep! (thats in my defence) Help!!!

artep

Oh dear..... Sorry to hear of your situation, check the contract you signed...my hunch is you're buggered if it was a standard estate agents contract as they're usually for 16 weeks unless you negotiate otherwise. All estate agents are utter weasels...and this one has got his foot in your door and was probably punching the air with delight on leaving your place....oh they make me sooo MAD

If it was me...and I found I really had been a bit daft and signed his agreement then I'd make the biggest nuisance of myself and make the bugger wish he'd never even breathed in my direction for conning me! If it turns out you are bound to him for 16 weeks then I'd phone him up and/or pay him a visit at least twice daily until he really earnt his sole agency! Nag for that board...nag even MORE for viewings...badger him to death for feedback...get on his case and don't let up until you're satisfied!

Good Luck
Petra

fireeater

Top advice...give the b******s hell, like they give us.

Also, you can still sell your house privately by just advertising it yourself. And if you put an advert in your local paper and tell your estate agent you've done it, you can bet your life he'll pull out all the stops to sell it.

Better check the small print, though....

artep

If you sell your house privately whilst bound to an agent....you have to prove that your buyers saw your advert and not any advertising done by the agent eg ad in the paper or the board. It's a tricky one to prove.

The fact that you're advertising it yourself won't motivate him to work harder tho....as I've found

fireeater

I can believe that. All one can do is keep trying and hassling them.

BTW, we were originally with Halifax EA and the sole agency agreement was only for 4 weeks. Lucky, I know, but now sole agency agreements are something I'll consider deeply if ever selliing again.

walaj

Think of all the ways he misrepresented his service (not puting board outside etc). Did he tell you what you were signing. I am trying to think of ways the 'contract' can be deemed invalid. I don't know if it applies, but with the likes of double glazing you have a cooling off period (14days?) to revoke an agreement signed at home (you will have to look at exact circumstances if they could apply to you).

Find out if the agent is associated with any body and what their code of conduct is (IMO his approach is totally unprofessional).

Contact CAB/professional body for advice, or at least threaten the guy you will do this if he does not rip up the bit of paper signed.

Then. if you can't legally get out of it, give him hell.

But certainly bad mouth him to all your friends/colleagues, so hopefully it will hit him in the pocket of no business coming his way.

bridiej

1% - is that all, round here most of them are 2.5% to 3%...

Keep on his case!!

moneypenny20

Is he the main guy at the agents? If not, go to top man and complain loudly, preferably when other people are in the shop. Tell him you will be informing your solicitor about their practices. Find out who gave him your number and give them a bl**dy hard time too. It should be against some sort of agency law to throw phone numbers about.

Bridiej, I'm surprised they are still getting away with 2.5 or 3%. All of the shysters around here know they can't ask for more than around 1% at the moment.

Lord Lionheart

All I can say is that these guys make used car salesmen look like choirboys, in my dealings with them when attempting to buy a house in the States 18 months ago. I was ready to inflict physical damage on one in particular. Scum of the earth........

teach

Hiya,
What he did was totally unprofessional. I would demand to know which other estate agent gave him your number as you were ex directory. If he refuses, threaten him with whatever governing body there is for estate agents (there must be one), then go for misrepresentation of service etc etc etc. If this doesn't work, I would definitely threaten them with a solicitors letter.

As for still advertising privately, this is a no-no as we found out recently. As sole agents they have the right to sell your house. I tried the paper, and internet angle with one of our agents to be told quite firmly that if I advertised elsewhere and sold the house that I would have to pay the premium fee of 3.5% as they wouldn't be sole agent. I argued this til I was blue in the face only to be told that if I followed through with my own advertising campaign that I might received a letter from their solicitor advising me that I had been in breach of my contract. All sounded too scary for me. Left them as soon as I was able.

I hope that somehow you can get out of this mess, good luck.
Sarah

Joanne

Is this chap who visited you the manager, If not complain to him or go higher if its a large chain of estate agents. It may be worth a try.

I would also go to CAB like someone else suggested, surely you must get a cooling off period like you do with other things.

If all else fails, threaten to go to the local newspaper, and see if that makes them change their minds about the 16 week contract. After all, if hes done it to you, how many others has he done it to!

Good luck.
Jo

HiddenPaw

How unprofessional of them!!
Get of much of this as you can in writing - write to them stating the facts that they assured you of a board at the weekend and still hadn't delivered by Tuesday. Keep a copy of the letter. Ask for a written response. They are in breach of their [verbal] contract. They are still admitting they failed to install a board this weekend (rather than denying that they ever promised it) which won't look good in court. Also write and say that you are cancelling any previous signed contract on the basis that they haven't delivered the service within the time frame as agreed by both parties. Keep a record of all phone conversations.

I took a reputable rental agency to court - their defence was that I had signed a contract. The judge basically laughed them out of court and said their contract was a sham - full of statements that were no way legally binding or in any way meaningful (the defence maintained they had been drawn up by a lawyer). I was a bag of nerves in the run up to the court case as I was worried about me being the little'un taking on the big guy...and I won. Just because they have so-called contracts, doesn't exempt them from their responsibility to deliver a fair service - even if the exact specific (putting up a board) isn't mentioned in the contract.

Good luck

glittababe

Thanks for your advice everyone! Just got in from work, checked the 'contract' and I'm apparently signed up for 16 weeks. Contacted another estate agent and he said its legally binding, however I can contact the regional manager and state how unhappy I am, how unprofessional it was etc etc Its at the managers discretion whether we can terminate the contract, if not I'm going to give the buggers hell! Its my first dealings with estate agents and I cannot believe they can get away with this, as for my tel number.........I'm FURIOUS!!! I thought those details are confidential! Off to bed as its stressing me out

neil.b

Why not look at the angle of legal or moral practice to turn up uninvited and sell a financial package on the first visit. I know that in the financial credit world, when someone comes to your house, they can only sell on the second or subsequent visits. May be worth checking out with a solicitor, as some offer a free initial consultation.

Good luck.

Neil

neil.b

Just done a search on the net for you and found something called the estate agents act, which all agents have to abide by.
I've attached the link. Have a read through it all and see if you can get the swine.
http://www.oft.gov.uk/Business/Legal...ct/default.htm

Neil