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Hi, I was wondering if someone could give me some advise. I am one of the executors on my mothers will and have been granted probate on my mothers estate. In February we place her house on the market with a local estate agent on an 8 week contract we are still with the estate agent out of contract time. I feel that they have been giving me poor advise and I am now in the process of moving to another estate agents having give my first agent his required 2 weeks notice in writing. My new estate feels to re-market the property again the would like the the old estate agent to remove the property from a well known internet property site for the two weeks notice period but allowing the old estate agent to still market the property from there office only.
I have requested the old agent to do this but they point blankly refuse, I so far have had two rather heated discussions on the telephone from them. Each time they quote from the contract saying that I have to give them two weeks notice for any changes in the marketing. After requesting the contract from them the only section which I can see that may be relevant states,
"a person may be introduced directly or indirectly as a result of our activities. Whilst you may cancel instructions given by us 14 days' notice in writing, we shall remain entitled to our commission where any eventual sale results from our previous activities or instructions during the period of our agency or period whilst we are under notice"
So my question is, Can I make them reove the property from this well known web site before the end of the notice period or can they refuse to do this?
I have requested the old agent to do this but they point blankly refuse, I so far have had two rather heated discussions on the telephone from them. Each time they quote from the contract saying that I have to give them two weeks notice for any changes in the marketing. After requesting the contract from them the only section which I can see that may be relevant states,
"a person may be introduced directly or indirectly as a result of our activities. Whilst you may cancel instructions given by us 14 days' notice in writing, we shall remain entitled to our commission where any eventual sale results from our previous activities or instructions during the period of our agency or period whilst we are under notice"
So my question is, Can I make them reove the property from this well known web site before the end of the notice period or can they refuse to do this?
