Estate Agent contract..can I get out of it

[Jayne]

Hi,

I have a contract with a Business estate agent to sell my business/property. They told us if the didn't sell it for us within 6 months we could cancel without any charge. Later when we tried to cancel, they told us we have to pay all advertising charges to end it (small print). This was a couple of thousand pounds. We decided not to cancel as we didn't want to pay this to them. When we ask why they haven't sold it yet, they try to blame us, saying we are not selling it to the customers when we show them around. Is this just me, but isn't that there job. There charges are 5% + VAT on the sale and for that price we have to show people around our selves. If they show anyone around they charge £10-15 per visit, is this normal.

I would be most grateful for any advise

Thanks

Jayne

 

[mumper]

Hi Jayne,

Charging for showing someone around doesn't sound right - you would be best to check with other estate agents to see if this is normal.

Good luck

 

[SmallBizSoftware]

Jayne

Check the contract and then think about what might happen if you tell them where to poke it. I am no expert and can not give advice but my experience in business is that any contract is only useful if the contract owner has the will to enforce it. Do you think that they would enforce any remedy if you tell them to poke it if you can prove without doubt that they have not beenn fullfilling their side of the contract?

Might be worth paying for some proper legal advice, or see another agent as I am sure they will help if they think there is a contract in it for them.

 

[mumper]

Or as SmallBizSoftware says you can tell them where to 'poke it'.

Nice one - such a way with words - keep them coming :wink:

 

[Rob Holmes]

Jayne,

Are you on a sole contract with them, if so for how long?

One way of 'dis-instructing' them is to negotiate a switch from sole contract to multiple agents and then negotiate the other agents joint/multiple agency fee to a lower rate.

As for the fee to show people around there'll probably be a queue of agents willing to do this as part of the package.

Maybe try one of the larger agents?

Rob

 

[Jon eyeconomy.co.uk]

If they are saying you have to pay advertising costs please ask them to itemise those by publication, print or website, size, date, placement and cost. I'd be happy to look over them and see if they are indeed thousands or even happened, I very much doubt it.

I bet they cannot show you this or examples so pursuing this with the Manager or Local Area Director will enable you to get out of the contract.

 

[Jayne]

I feel quite choked than anyone is even helping me, I've been in business for twelve years and I've never had any help from anyone (Big thank you to all)

I am now on a mission....Me V the estate agents, you have all been very helpful.

Jayne xxx

 

[Rob Holmes]

I feel quite choked than anyone is even helping me, I've been in business for twelve years and I've never had any help from anyone (Big thank you to all)

I am now on a mission....Me V the estate agents, you have all been very helpful.

Jayne xxx

Go get em

Keep us posted !

Rob

 

[Stefi]

How did you get on with this Jayne?

 

[Jayne]

No luck at all, I did everything that was sugested by other forum members and i'm still waiting for a cost breakdown from the estate agents. All I get from them, is well we are getting people to look at it, it must be our fault it's not selling. The boss is always with clients or in a meeting and doesn't reply to my emails. I'm doing better myself selling my shop than them and it makes me angrey to think if I get a sale, i'll have to pay them for my hard work. And at 5% that's way too much to pay for a rubbish service.

Jayne

 

[DuaneJackson]

I see the headlines in the local paper now.

They've mislead you, send them a letter (seeing as Mr Boss is always busy) saying you are unhappy and unless this is resolved to your satusfaction you will be contacting [inster name of journalise from local paper] to make sure everyone is aware of their misleading sales tactics.

 

[Jayne]

I see the headlines in the local paper now.

They've mislead you, send them a letter (seeing as Mr Boss is always busy) saying you are unhappy and unless this is resolved to your satusfaction you will be contacting [inster name of journalise from local paper] to make sure everyone is aware of their misleading sales tactics.

I would do that, but there is a couple of lasses who work for him and are really nice and wouldn't want to upset them I'd rather pay, if it cames to it, rather that use dirty tacktics, I will still pay for their advertising costs, that was never in question. Plus, i've already sent them a snotty email, 3 wks ago, still waiting

Jayne

 

[meredith]

This is taken from my website that deals with private house sales - not sure if there are any legal differences with business sales but this is the current situation for non business:

If you're already using an estate agent you can still advertise your property on mydesres.com to improve your all round exposure. Tell your estate agent you are thinking of selling privately and you may even be able to negotiate a cheaper commission at the same time.


Things you need to know about your agents contract:

If you have signed a 'Sole Agency' contract:
Your estate agent is the only agent with the right to sell your property. Because you are not an agent and neither is mydesres.com you are able to sell your property privately online - and you won't have to pay any commission.

If you have signed a 'Sole Selling Rights' contract:
Your estate agent is the only person with the right to sell your property. If you find a buyer privately with mydesres.com, your will still have to pay your agent their commission.


this should also help:

http://www.oft.gov.uk/Consumer/Your+Rights+When+Shopping/Home/estate+agent+selling.htm

 

[Jayne]

Thanks for the help, but i've sold my shop now and my solicitor is dealing with it.

Thanks for the offer of putting it on your site, but I own my own business for sale site This is why I wanted out of the contract so I could sell it myself.

Best Wishes

Jayne