Ditching Estate Agent

[bamberger]

I have no confidence in the ability of the estate agent that I am signed up to, don't like him and want to ditch him and get another agent in. Problem is that I am signed up for a couple of months more. He is refusing to release me from the contract so as far as I am concerned I have a wasted couple of months in front of me. Is there anything at all that I can do? Thanks (hindsight is wonderful thing but I am where I am).

[joggerjayne]

Do you have no confidence because he is not doing his job properly?

Under the Supply of Goods and Services Act, a service provider is obliged to act with reasonable skill and care.

If he doesn't - ie. if he's just rubbish - you can "rescind" (= cancel) the Contract ...

... regardless of what the Contract says.

But ... you'd have to write to his Agency, and say that you are not satisfied that the Contract has been performed with the skill and care expected of a reasonably competent Estate Agent, and that you are therefore treating the Contract as rescinded.

[bamberger]

It is undoubtedly a personality clash but it has reached the stage where when the number comes up on caller display, I ignore the call. He is insistent that the price needs dropping and when I tell him that I won't he hectors me with figures -so I just want him off my back. Even if he is right (and I honesttly believe he isn't) I just can't stand his manner

[buildersmate]

Best to try and drive a deal then.
Something along the lines of: -
Look we both know this isn't working - you aren't going to sell my house because although you advised me to market it at price x about y weeks ago and the average market in the UK is rising yet you are still advising me to cut the price. I'm not going to do that so why don't we agree to break the deal rather than you spend more time trying the market it at the price you advised me.
Fortunately for you, the average market price is rising.

[brenda]

What would happen if you told your agent that you had changed your mind about selling and the house is no longer on the market? Instructing him to take it off his books. Are you still tied in to a charge for this?

If not later on you could maybe put it back on with a different agent.
I do not know anything about contractual law, but can only tell you what I would do in this scenario, and I would let him chase mefor the money.

It is possibly unlikely that your house will sell over the festive season any way

[joggerjayne]

Insist that he doubles the selling price.

He will know that it won't sell, so he is not going to get any commission.

He should let you go then.

[mrs.chappie]

I agree with brenda that a sale would be unlikely, however - it might just happen. A couple viewed my house a week ago, decided they want it, they want to move quickly and are talking about completion within six weeks. Apparently having a HIP in place speeds things up considerably.

[buildersmate]

Except that one has to have a HIP before marketing commences. So it can't possibly be anything to do with that.