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Estate agent contract advice please

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  • Estate agent contract advice please

    Hi,
    Im hoping someone can help and offer some advice on a situation my elderly mum is in.

    Background:-

    Basically she was in the process of buying a house, but lost her buyer. She ended her contract with her estate agent to go on the books of another who was selling the property she wanted (won’t go into how underhand the agent was here, basically pushing her to sign with them because they could give her extra time to get a buyer, which was a proven lie, as they instructed to take no viewings for 21 days as that was the notice period, so this new agent couldn’t do anything for 3 weeks, how is that helping her to sell her house), I digress sorry.

    She signed a sole selling rights agreement. Needless to say within 2 weeks (still unable to market it) the agent told her the house they were delaying for her had now been sold, which left her clearly frustrated and lied to, and as a result is taking it off with them and wanting to sell elsewhere (outside the 14 day cooling off period funnily enough).
    She has been told it’s 14weeks that if she sells/introduces someone then regardless that agent would have to be paid.


    Question:-
    Upon looking at the contract there is no mention of 14weeks, the agency period on the contract just had a date (which is 6 days from the date of signing). Am I right that that is the end of contract date? Which she is free? It’s all so confusing because paragraph 4 talks a lot of jargon for me to fully understand and help her.

    i have attached edited copies of the contract and small print terms and conditions. Please if anyone is able to look and help that would be so greatly appreciated.

    She is in a bit of a tiz and I’m looking locally for someone as well that could help.
    it’s just so frustrating they do this, clearly lieing with what they can do to hold the house (I could understand giving it a couple of weeks, anymore you would expect a house to be offered out again, but to sign someone up who is in a contract with another agent, get them to cancel 21 days notice, k owing full well they couldn’t market it u til after that period. That’s not working in mums favour not for their client who is selling the house. To instruct her to turn down second viewings from the other agent also. All massively underhand and ethically wrong.

    thanks
    lizy

    please see ‘agency agreement’ and the terms and conditions paragraph 4
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  • #2
    Well they have certainly messed up in completing the "Agency period". Is 13.9.2022 14 weeks after the agency agreement was signed?

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Sorry, I see that it is 6 days after signature. That would suggest that it is the expiry date of the agency period.

      If the agency agreement was signed on 7 September, can you please clarify the nature of the problem.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment

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