Hello, thank you for your speedy response. I will be paying for your advice...I just need to ask a few more questions if you don't mind.
After discussing the matter further with my mother she has stated that:
1) They did not tell her anything about it being a sole agency agreement nor that the initial term would be as long as 18 weeks (other agents have since said that this is a very long time and that 6 weeks would have been more regular). However, she did see this on the 1 page contract without really understanding what this meant.
2) there have actually been 3 viewings in total. However, one of these made an offer of £815,000 which the agent chose not to inform her about as "they thought she would not accept it as it was too low". I believe this may be breach of contract?
3) The T&Cs on the back of the 1 page contract seems to imply that sole agency means exclusive.
They state the following:
You will be liable to pay commission to Us in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of The Property are exchanged:-
- with a purchaser introduced by Us during the period of our Sole Agency or with whom Mayhew Estates has negotiations about the property during that period and/or;
- with a purchaser introduced by another agent or by a developer or property website/portal other than Mayhew Estates own during that period. In the event of the property being sold privately during the sole agency period the vendor hereby agrees to pay Mayhew their fees. You hereby confirm that you are not advertising the property privately and that no one is currently interested in your property or in negotiations to buy the property privately.
Where a Sole Agency is agreed it shall last for the initial period stated on the agreement overleaf. The period commences from the date of signing this agreement, is suspended as soon as solicitors are instructed on a sale and restarts in the event of the sale collapsing.
The sole agency will continue after this period unless terminated by either party giving not less than 21 days written notice.
At the expiry of the initial period Mayhew Estates will continue to act on a Sole Agency basis until you give us written notice converting this agreement to a Multiple Agency or the agreement is terminated by You giving 21 days written notice.