We have put our house on the market and have used the Estate Agent that we purchased the house through 10 years ago. We are now required to get a HIPS done another new law, The Estate Agents put us in touch with a specialist company and over the telephone they took down all the details from hubby. They also sent someone round to complete their survey and report. I must point out that we have both never signed a written agreement both with the Estate Agents or with this Company.
Since putting the house on the market with a sole agent in almost 4 weeks not one person has viewed, we have phoned the agent a few times and they never return our calls. They are the largest agent in our area and we always had a lot of faith in them but we think they have a weakness in their system for not passing on messages and returning calls and customer care, so we are thinking that maybe they are not giving our property the attention it deserves. We have also found out they they have really overpriced out property from getting in one or two other agents for a valuation and considering the majority view that the house is severly overpriced we have decided to take the property off the books with this agent and give it to another agent to market on a sole agency.
When hubby checked with the HIPS company they say that if you want to change agents the cost of the HIPS crystalizes and it becomes payable straight away. If we stayed with the same Estate Agent we do not have to pay untill we have sold and then the debt becomes payable at that time.
Now during a phonecall with the Hips company this afternoon, it further transpired that our all details apertaining to the HIPS has been passed on to the agent, even though we have not given our express permission and even more worrying aparently they record all phone calls even though they do not inform you that the call is being recorded.
My questions are:-
1. Even though we have not signed any contract can we be held to their T&C's!! both the agents and the HIPS company...
2. Can they without our express permission either pass details of our hips package to the Estate Agent and is this not breach of contract!!
3. Can they record conversations without first informing you that they are recording and can they use these recording against us!!!
4. Hubby, dealt with them solely but I am a joint home owner and I have not given any permission, so what is the position here!!
Any help would be very much appreciated.
xxxxx
Since putting the house on the market with a sole agent in almost 4 weeks not one person has viewed, we have phoned the agent a few times and they never return our calls. They are the largest agent in our area and we always had a lot of faith in them but we think they have a weakness in their system for not passing on messages and returning calls and customer care, so we are thinking that maybe they are not giving our property the attention it deserves. We have also found out they they have really overpriced out property from getting in one or two other agents for a valuation and considering the majority view that the house is severly overpriced we have decided to take the property off the books with this agent and give it to another agent to market on a sole agency.
When hubby checked with the HIPS company they say that if you want to change agents the cost of the HIPS crystalizes and it becomes payable straight away. If we stayed with the same Estate Agent we do not have to pay untill we have sold and then the debt becomes payable at that time.
Now during a phonecall with the Hips company this afternoon, it further transpired that our all details apertaining to the HIPS has been passed on to the agent, even though we have not given our express permission and even more worrying aparently they record all phone calls even though they do not inform you that the call is being recorded.
My questions are:-
1. Even though we have not signed any contract can we be held to their T&C's!! both the agents and the HIPS company...
2. Can they without our express permission either pass details of our hips package to the Estate Agent and is this not breach of contract!!
3. Can they record conversations without first informing you that they are recording and can they use these recording against us!!!
4. Hubby, dealt with them solely but I am a joint home owner and I have not given any permission, so what is the position here!!
Any help would be very much appreciated.
xxxxx
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