Taking House Off The Market Help Please!

[monty45]

Eighteen months ago a engaged an EA to sell my house. Please forgive my stupidity, but I knew nothing about the process. The agent came round and valued the house and did the necessary, including providing the HIP. After taking details he asked me to sign a form and left. I was not given a copy, nor was I aware of signing a contract. I have become disillusioned with the EA and wish to dispense with their services.

I telephoned them and told them that I was taking the house off the market and the manager agreed. I then took a letter into them where I stated that I no longer wished them to market my property. The next day I received a letter form them stating that they would re-market my property at the earliest opportunity. They are still advertising the property and I have since written to them and asked them to remove the property from their advertising.

Please, where do I go from here?

[googler]

Take another letter to them, show it to them, tell them again, and - if they have your property on display within their premises, walk up to the display, remove your property from it, and tear up the display card in front of the manager or some other senior person.

What else are they doing to market it at the moment? Press advertising? Internet? Rightmove? Sale Boards?

[monty45]

I've already removed their sale board, but it is still advertised on their web site and Rightmove and Findaproperty and on TV in their office. Does anyone know if any contract that I signed will still have any legal weight after all this time?

[googler]

Go in again and ask to see 'your' contract if you don't have a copy at home.

Look in it for clauses concerning cancellation. If you haven't cancelled it in line with what these clauses specify, then it may have some legal weight. Ask them for a photocopy, go back home and then cancel it in writing exactly as per the clauses in the contract. After any notice period required, the contract will then be null and void.

If they still don't remove you from the websites and the TV display after that, call the local trading standards office and tell them your story. If the EA is a member of OEA or NAEA, make a complaint to the EA in line with the EA's complaints procedure (ask the EA for a copy of it). If you don't get satisfaction from this, contact OEA or NAEA and tell them your story.

Which part of the country are you in, anyways?

[monty45]

Thanks for the advice. I'm in Essex. I'm wondering if the EA is allowed to keep advertsing the property until the notice period has run?

[googler]

Depends on the contract, but on the face of it - yes, if there's a notice period, then strictly speaking you won't be released from the contract until the notice period has passed.

[monty45]

I've consulted my solicitor's help line and the advice given is that I must write to the EA again, detailing my previous correspondence and give them 14 days to comply, or I will complain to the OEA. The trouble is, the OEA will only get involved AFTER the EA's complaints procedure has been exhausted, which is rather difficult if they will not answer my letters.

[monty45]

Success! the EA has removed the property from their web site. No communication from them though.

[semiproinvestorTim]

Often EAs will advertise properties that they cannot sell simply because they are eye candy bringing people in to their nets... Then they say 'Oh sorry that one's gone, look at this one instead'...

Tim

[monty45]

When I choose my next EA I will be very wary!