Can you get out of an Estate Agent agreement?

Annoyedseller · 01-10-2020 8:42pm #1

As per the title, can you get out of your agreement if you find out that the Estate Agent has refused to allow a person to view your property despite them saying that they were very interested? Especially if they told you that no one else was interested to view it and essentially swayed you to accept a lower than asking price offer? Is this a breach of the agreement?

Dav010 · 01-10-2020 8:45pm

Annoyedseller wrote: »

As per the title, can you get out of your agreement if you find out that the Estate Agent has refused to allow a person to view your property despite them saying that they were very interested? Especially if they told you that no one else was interested to view it and essentially swayed you to accept a lower than asking price offer? Is this a breach of the agreement?

How do you know the EA refused a viewing and did you ask they why they refused it?

One of the benefits of using an EA is that they often know/have experience with tyre kickers and messers.

As to the question of whether you can unilaterally withdraw from the agreement, presumably you have a solicitor looking after the sale, ask your solicitor about this.

Darc19 · 01-10-2020 8:45pm

If you have proof of that it would be a severe breach of ethics and I'd make a formal complaint.

Ask the agent to explain themselves first and unless they give a very plausible explanation, tell them that you have no confidence in them and are withdrawing from the agreement.

Annoyedseller · 01-10-2020 8:58pm

I don't want to get into specifics in case it's recognised but the person contacted me directly and showed me evidence of the contact that was made. Their circumstances are actually better than the one we sale agreed to so it doesn't make sense as to why they weren't given the opportunity to view it. EA spoke about other people who were probably time wasters but never spoke about this one.
We are going to speak to our solicitor but I assume they'll charge us a lot for the advice?

Darc19 · 01-10-2020 9:00pm

Solicitors are not expensive and if it's the one you are using for the sale they probably won't charge you for their opinion.

Annoyedseller · 01-10-2020 9:02pm

Darc19 wrote: »

Solicitors are not expensive and if it's the one you are using for the sale they probably won't charge you for their opinion.

Hopefully you're right. We're going to contact them first thing tomorrow. We only found out about it this evening.

Dav010 · 01-10-2020 9:10pm

Annoyedseller wrote: »

I don't want to get into specifics in case it's recognised but the person contacted me directly and showed me evidence of the contact that was made. Their circumstances are actually better than the one we sale agreed to so it doesn't make sense as to why they weren't given the opportunity to view it. EA spoke about other people who were probably time wasters but never spoke about this one.
We are going to speak to our solicitor but I assume they'll charge us a lot for the advice?

Did you actually ask the EA about it?

bobbyy gee · 01-10-2020 9:15pm

report them and dro them email estate agent and ask why they did not take better offer

http://psr.ie/en/psra/pages/what_is_the_psra

Annoyedseller · 01-10-2020 9:58pm

Dav010 wrote: »

Did you actually ask the EA about it?

Not yet, only found out this evening.

Annoyedseller · 01-10-2020 10:03pm

Thanks for the link, it's very useful. The problem we have is that we're also buying a house through this EA so we're worried about the implications of this if we drop & report them.

Darc19 · 01-10-2020 10:03pm

Don't assume anything yet.

Possibly it is someone that has their own issue with the agent.

Possibly this person has wasted the agent's time on several other occasions.

But at the same time, possibly the buyer has a connection with the agent.

I'd simply initially ask the agent why Mr. X was not shown the property as he claims he was interested.

Then also maybe check Facebook and see if the agent has any connection with the buyer.

Annoyedseller · 01-10-2020 10:10pm

Darc19 wrote: »

Don't assume anything yet.

Possibly it is someone that has their own issue with the agent.

Possibly this person has wasted the agent's time on several other occasions.

But at the same time, possibly the buyer has a connection with the agent.

I'd simply initially ask the agent why Mr. X was not shown the property as he claims he was interested.

Then also maybe check Facebook and see if the agent has any connection with the buyer.

I know the person that is looking to view it and they have no reason to lie plus I saw the emails. They were genuinely upset that weren't given the opportunity to view it. I don't know the buyer's name or anything so I can't check but there were a few comments from the EA that make me think they do know them.

Darc19 · 01-10-2020 10:14pm

If it's just sale agreed, then you can simply say you have changed your mind on the price.

Solicitor should have the name of the buyer.

Sounds fishy. My guess is it's a small estate agency.

If it's Kildare I could probably guess the agency too

01-10-2020 10:27pm

Darc19 wrote: »

If it's Kildare I could probably guess the agency too

Funny me too, but Not only the agency but the agent

OP- not an easy situation to progress through- no guarantee this person will either make an offer or stand by their offer after its made- I would seek a written explanation from the agent first before deciding how to progress - are you happy overall with current sale agreed price or was it way off? How much do you think do you stand to gain if new bidder gives an offer?

Annoyedseller · 01-10-2020 10:33pm

Darc19 wrote: »

If it's just sale agreed, then you can simply say you have changed your mind on the price.

Solicitor should have the name of the buyer.

Sounds fishy. My guess is it's a small estate agency.

If it's Kildare I could probably guess the agency too

I don't think Solicitor would have name yet.

Great guess work ðŸ‘ðŸ»

Annoyedseller · 01-10-2020 10:37pm

[Deleted User] wrote: »

Funny me too, but Not only the agency but the agent

OP- not an easy situation to progress through- no guarantee this person will either make an offer or stand by their offer after its made- I would seek a written explanation from the agent first before deciding how to progress - are you happy overall with current sale agreed price or was it way off? How much do you think do you stand to gain if new bidder gives an offer?

Very true but they sound very interested.
The EA will no doubt have an answer (lie) about what happened.
Not way off asking but could probably get asking and their position is better so sale would be quicker which would make it worth it for me.

ifeelstupid · 02-10-2020 1:31pm

Did this person ask to view the property after it had gone Sale Agreed? If after, then I can understand why the agent was reluctant to show it. Also, if the property has gone sale agreed, you should have received a sale advice not from the agent stating the details for all parties involved including names, solicitor details etc.

When you initially put the property on the market, you agent should have given you a Terms of Engagement - this will detail how the agent should work on your behalf and any clauses/reasons to terminate the arrangement. I would just caution you to beware anyone who is telling you they would have paid more for a property without having actually seen it, I assume that it was advertised and openly for sale, a bird in the hand etc.

Claw Hammer · 02-10-2020 2:49pm

What agreement do you have with the Estate Agent which you want to cancel? Is it a sole right to sell? A sole agency? No sale, no fee?

Annoyedseller · 02-10-2020 3:59pm

ifeelstupid wrote: »

Did this person ask to view the property after it had gone Sale Agreed? If after, then I can understand why the agent was reluctant to show it. Also, if the property has gone sale agreed, you should have received a sale advice not from the agent stating the details for all parties involved including names, solicitor details etc.

When you initially put the property on the market, you agent should have given you a Terms of Engagement - this will detail how the agent should work on your behalf and any clauses/reasons to terminate the arrangement. I would just caution you to beware anyone who is telling you they would have paid more for a property without having actually seen it, I assume that it was advertised and openly for sale, a bird in the hand etc.

The person tried all week to view the house and I've seen the evidence of emails/phone log to back it up. The house literally only went sale agreed on Wednesday evening & the booking deposit was only due to be sent yesterday so my solicitor hasn't got any details yet. The EA was supposed to send us a copy of the agreement after we signed it but never did. We didn't follow up as we trusted EA and didn't feel it necessary. I don't know if I want to ask for it now as I want to decide how we're going to deal with it first.
I agree with you re:the potential of an offer not being anywhere near a guarantee but the EA should have allowed him to view the property and we'd know then.

Annoyedseller · 02-10-2020 4:05pm

Claw Hammer wrote: »

What agreement do you have with the Estate Agent which you want to cancel? Is it a sole right to sell? A sole agency? No sale, no fee?

Yes all of those things and also if we decide not to sell we wouldn't be allowed to sell ourselves for 3 months. It was a large document but they never sent a copy of it so I can't use it for reference. I can't remember what they needed to do as part of the agreement ie. Should they be informing us of every interested party etc.

Annoyedseller · 02-10-2020 4:16pm

ifeelstupid wrote: »

Did this person ask to view the property after it had gone Sale Agreed? If after, then I can understand why the agent was reluctant to show it. Also, if the property has gone sale agreed, you should have received a sale advice not from the agent stating the details for all parties involved including names, solicitor details etc.

When you initially put the property on the market, you agent should have given you a Terms of Engagement - this will detail how the agent should work on your behalf and any clauses/reasons to terminate the arrangement. I would just caution you to beware anyone who is telling you they would have paid more for a property without having actually seen it, I assume that it was advertised and openly for sale, a bird in the hand etc.

I forgot to mention that the EA basically told them that there was an offer there (we had said we weren't accepting the initial low offer) and still refused to let them view it even when they said they were willing to match it and possibly go above it. None of this was mentioned to us despite me asking specifically if anyone else wanted to view it. EA told me about women time wasters but never said anything about a man.

Ortiz · 02-10-2020 4:25pm

Annoyedseller wrote: »

I forgot to mention that the EA basically told them that there was an offer there (we had said we weren't accepting the initial low offer) and still refused to let them view it even when they said they were willing to match it and possibly go above it. None of this was mentioned to us despite me asking specifically if anyone else wanted to view it. EA told me about women time wasters but never said anything about a man.

I would just ask the EA about it. If the person approached them after you had even verbally given the go ahead on an offer (or if the EA felt you were close to agreeing a price) then the EA probably just boxed it off and didn't want to invite any more interest. However if there wasn't even an offer close to accepted then I'm really not sure why the EA wouldn't want another interested party. Either a) there is something fishy going on and the EA knows the other bidder or b) the EA really felt the person was a time waster.

You would have signed a Property Services Agreement initially and it's very easy to cancel this. Just email the EA saying you are withdrawing from the sale and formally cancelling your agreement with their agency. Just be careful - there is a clause in there somewhere that if you end up selling it to someone the EA 'introduced' to the property within something like 6 months of the termination of the agreement (recommend you double check that) then the agent is entitled to their full fee. 'Introduced' can be defined as anything as minor as they saw the EA's board or website advertisement. If that's how the eventual buyer first found out about the property then the EA introduced them.

Even if you don't have the PSA that you initially signed you ask the EA to send it to you for your files when you are cancelling the agreement.

All in all I think it would be much easier to just call the EA and talk it through with them. Others have advised getting a response from the EA in writing but would it not be better to catch him by phone and get an instant reaction out of him. You'll be able to judge that reaction much better rather than giving him time to come up with a story, if there's something fishy going on.

Annoyedseller · 02-10-2020 4:43pm

Ortiz wrote: »

I would just ask the EA about it. If the person approached them after you had even verbally given the go ahead on an offer (or if the EA felt you were close to agreeing a price) then the EA probably just boxed it off and didn't want to invite any more interest. However if there wasn't even an offer close to accepted then I'm really not sure why the EA wouldn't want another interested party. Either a) there is something fishy going on and the EA knows the other bidder or b) the EA really felt the person was a time waster.

You would have signed a Property Services Agreement initially and it's very easy to cancel this. Just email the EA saying you are withdrawing from the sale and formally cancelling your agreement with their agency. Just be careful - there is a clause in there somewhere that if you end up selling it to someone the EA 'introduced' to the property within something like 6 months of the termination of the agreement (recommend you double check that) then the agent is entitled to their full fee. 'Introduced' can be defined as anything as minor as they saw the EA's board or website advertisement. If that's how the eventual buyer first found out about the property then the EA introduced them.

Even if you don't have the PSA that you initially signed you ask the EA to send it to you for your files when you are cancelling the agreement.

All in all I think it would be much easier to just call the EA and talk it through with them. Others have advised getting a response from the EA in writing but would it not be better to catch him by phone and get an instant reaction out of him. You'll be able to judge that reaction much better rather than giving him time to come up with a story, if there's something fishy going on.

We definitely hadn't given the go ahead for the lower offer at that stage. I made it clear to the EA we didn't want to accept that. The contact with the potential buyer happened after this but before the sale agreed buyer upped their offer. I had multiple phone calls with EA in those few hours as I was really struggling to decide if we would accept the offer. EA basically told me I should take offer as there was no other interest. I believe EA knows the other party and I feel we were guided to accept this.
You're correct re:PSA and we would have to wait 3 months to sell and it couldnt be to someone that saw the EAs ad etc. We don't want to do this as we don't want to lose out on the property we're sale agreed on.
EA is quite a slippery person and I'm pretty sure I've been lied to twice already so I know we won't get a truthful answer. We will be ringing EA to clarify though.
Thanks for all the replies.

Caranica · 02-10-2020 4:59pm

Annoyedseller wrote: »

EA is quite a slippery person and I'm pretty sure I've been lied to twice already so I know we won't get a truthful answer. We will be ringing EA to clarify though.
Thanks for all the replies.

You said early on in the thread that you'd be ringing them first thing today? It's almost close of business on a Friday evening now. This is something you need to sort out asap surely?

jrosen · 02-10-2020 5:02pm

Sounds like the EA knows the potential buyers and was trying to keep other offers possible buyers away.

Nothing surprises me to be honest where EA are concerned.

Annoyedseller · 02-10-2020 5:25pm

Caranica wrote: »

You said early on in the thread that you'd be ringing them first thing today? It's almost close of business on a Friday evening now. This is something you need to sort out asap surely?

I rang our Solicitor this morning but they didn't offer much advice in regards to whether EA was in breach of agreement.They didn't seem to think it was a big deal that EA hadn't informed us of the potential buyer which I was surprised about.
They said that we could allow the person to view it and if they are serious about making an offer that we could then speak to EA and go from there.

Annoyedseller · 02-10-2020 5:27pm

jrosen wrote: »

Sounds like the EA knows the potential buyers and was trying to keep other offers possible buyers away.

Nothing surprises me to be honest where EA are concerned.

Yeah I feel the same but thought this one would be different as they were acting for us - apparently not.

jrosen · 02-10-2020 7:19pm

Annoyedseller wrote: »

Yeah I feel the same but thought this one would be different as they were acting for us - apparently not.

They are self serving snakes in my experience.

Darc19 · 02-10-2020 7:25pm

I'd allow the other party view it, tell them what price you have agreed, say that if they beat that price, you will agree to the sale to them.

If that happens, tell the agent that you are pulling out of the sale he had agreed.

Agent will still get the commission, but I'd look at cutting this by half and letting the agent know that the other option is a complaint to the regulatory authority.

screamer · 02-10-2020 7:28pm

Maybe the EA was of the opinion it’s an offer, he/ she could let it be viewed again, even to this person who contacted you, and they may not even make an offer. The old saying a bird in the hand comes to mind here......

Can you get out of an Estate Agent agreement?

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