Estate agent contracts...

[jonny123]

Hi

Not a business question, but hopefully one that people who are involved in law and have sold a house would understand!

I signed up for a 16 week sole agency agreement with an estate agent. They were good at first, but things have been very slow (2 viewing in the last month).

So, I hope to go with another agent when 16 weeks is up. I have asked agent to confirm my final day, they just said "16 weeks, and you need to give 2 weeks notice or it will roll over into a new contract". Anyway, we are still about 3 weeks from the end of the 16 week period, so I sent an email saying that I wish to end the contract at 16 weeks, and for them to take this email as a "2 week notice". I asked that they continue to market my property until the end, and that I will still be happy to take viewings etc.

They have not replied to this email (or the one I sent earlier in the week). My wife is now concerned that they are going to try to force us to somehow miss the deadline to serve 2 weeks notice to end a contract that, on paper, looks like it should END after 16 weeks anyway!

So, wife suggests that we should write a letter and hand it to them at the weekend, which will still be 2 weeks and 2 days before contract ends.

The question is .... do I need to? The last email went to 3 staff members (the agent who we signed with, a director and the office administrator). From previous dealings I know they check all emails etc.

Have I done all I need to do? We will need to get our key from them, so might as well pop in anyway. All seems very annoying - surely a contract should end on the agreed completion date, without automatically rolling over, indefinitely, and only with a short window to cancel?

 

[Lisa Thomas]

As belt and braces I would give by hand and send by recorded delivery...

 

[LowPrices.uk]

To make sure, I would say yes you need to. i.e. provide the cancellation instruction in writing by letter, and then check with them either in person or on the phone that they have the letter. Otherwise, you might be liable for a roll over depending on the exact wording of the initial contract agreement.

 

[Newchodge]

Does the contract specify how and when notice should be given?

 

[Stuart Bailey]

you often find notice must be in writing and not by email. So yes write to them but why don't pick up the phone and speak to them?

 

[profitxchange]

write to them recorded delivery. This agency seems to be very unprofessional. I would have expected a written contract. 16 weeks is also a long time I am sure when we sold it was 4 or 6 weeks.

 

[deniser]

Does the contract specify how and when notice should be given?

The contract will say how notice should be served so you need to have a look at it.

 

[terryashraf]

If the contract is silent on the point, email these days most often takes into account in writing (unless email is excluded).

 

[AlanGuidry]

May be a bit late, but the contract you signed should state exactly how notice should be given. Usually contracts state in writing sent by recorded delivery. To be sure I would do it this way, rather than email.