Is my E/A allowed to do this???

[valfa]

Hi,
I put a property with my local E/A June 2008.It was given a Value of 95k at that time.The man who did this told me there was no contract to sign and said a lot of other stuff,he also said I could sell through a 2nd agent if I wanted and he said If I found my own buyer I would not need to pay and fees.

After about 6 months I had to lower the asking price by 10k after the senior partner at the E/A said it had been wrongly valued by his man (who was since sacked).

I then was advised to lower the price again this time to 80k....I have lowered it again to 75k and again to 69k.All since June 2008.

Now a friend has come forward due to chatting to her boss (another friend) and I have made her an offer that she can buy my house for 65k.she is looking into her mortgage application as I write this.

The E/A has just telephoned me with another offer well below my asking price and i refused it,he also wants to know whats happening with my friend as she hasnt been in to see him.He has threatened me with legal action if I pursue her as my buyer and do not involve him,he said she counts as an introduction to me from him because she may have seen the for sale board etc.

I just dont know how to deal with this or what my rights are,I am sure I havent signed anything.its been on the market with them 14mths

anyone help me with this plz

[Ownerhome]

I might be missing something here, but you say you have never signed a contract with this EA? the service they have offered is at best unprofessional!!

From the start, the information provided was incorrect, regardless of whether it was a former employee who gave it (Vicarious Liability).

Even if the contract that you had signed was a sole agency (which it obviously was not as it doesn't exist!), the EA would not be able to pursue you for commission as they have not introduced the buyer, she is a friend.

If I were you, I would take the board off my property and hand deliver it to his shop as he doesn't have a leg to stand on.

Tell him that you will sue him if he carries on harrassing you for negligence under vicarious liability.

I'm guessing that this EA are acting outside of any governing body ie NAEA...if they do happen to be members, then I would recommend reporting them.

If you friend does not happen to purchase your property, I would recommend looking for another agent to market your property, as the one you have sound like a bunch of cowboys

[drhouse]

Originally Posted by valfa

Hi,
I put a property with my local E/A June 2008.It was given a Value of 95k at that time.The man who did this told me there was no contract to sign and said a lot of other stuff,he also said I could sell through a 2nd agent if I wanted and he said If I found my own buyer I would not need to pay and fees.

After about 6 months I had to lower the asking price by 10k after the senior partner at the E/A said it had been wrongly valued by his man (who was since sacked).

I then was advised to lower the price again this time to 80k....I have lowered it again to 75k and again to 69k.All since June 2008.

Now a friend has come forward due to chatting to her boss (another friend) and I have made her an offer that she can buy my house for 65k.she is looking into her mortgage application as I write this.

The E/A has just telephoned me with another offer well below my asking price and i refused it,he also wants to know whats happening with my friend as she hasnt been in to see him.He has threatened me with legal action if I pursue her as my buyer and do not involve him,he said she counts as an introduction to me from him because she may have seen the for sale board etc.

I just dont know how to deal with this or what my rights are,I am sure I havent signed anything.its been on the market with them 14mths

anyone help me with this plz

It all comes down to whether or not you have signed a contract and the wording in it. Ask your agent to show you a copy with your signature on. If he can't there is no proof.
Sole agency does exist and an agent can claim commission if you sell to a friend - depends on the contract wording.
If the agent is not a member of a professional body he still has to be part of a redress scheme such as Office of Fair Trading Ombudsman scheme. Look up their number on the internet and call them for some advice.

[googler]

If you don't have a contract, how do you know what the agent's fee is, or even if the agent is charging a fee?

[omostra06]

send the agent a bill for advertising his company by means of a board outside your house, although there is no contract for this advertising you would still like the advertising fee! see if the penny drops!

[valfa]

Hi
Thankyou for all the advice
I have since been to the E/A and told him i feel I was mis sold a service (for want of a better word) I also said I felt that I have no trust in him now to sell for me and asked for my keys back and told him to remove my house from the market.He never said a threatening word,just gave me the keys back and said ok.
My friend is still going ahead with buying I just hope I dont have to re market it again.
Thanks again for the replies

[brian]

Good to hear this resolved.