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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2449
Experience:  Over 5 years in practice.
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Can I get out of an estate agents contract as the proposed

Customer Question

Hi, can I get out of an estate agents contract as the proposed purchaser for my house (who is my tenant) and we had discussions about him purchasing before engaging the estate agent. My tenant was unsure whether the building was suitable originally and so I went to an agent and since then my tenant has decided he does want to buy. The estate agent was aware that these original discussions took place between my tenant and I.
Submitted: 1 year ago.
Category: Property Law
Expert:  Alex J. replied 1 year ago.
Hi. Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the agent demanding a full commission for the sale? Or are the trying to charge a termination fee? Does the agent have an exclusivity period?
Customer: replied 1 year ago.
The agent is not aware of this offer at present. They have a 20 week exclusivity. Their contract states that the full fee will be payable if they have introduced in any way the proposed purchaser. I am told that these particular agents will definitely try to claim payment of their fee.
Customer: replied 1 year ago.
I am worried that they may deny our original conversation or state that this disclosure should have been in writing which was never asked for!? There is approx. 13 weeks of the contract left.
Customer: replied 1 year ago.
Termination of the contract has to be at least16 days prior to the end of the contract period. If I was to terminate now apparently termination does not come into effect until the last day of the contract period.
Customer: replied 1 year ago.
Hello Alex?
Expert:  Alex J. replied 1 year ago.
Hi I am here I am just reading your response thank you kind regards AJ
Expert:  Alex J. replied 1 year ago.
Hi thank you. Presumably you can easily prove that no introduction was made as this was your existing tenant? If that is the case they would have to sue you for the money - and they won't be able to prove they actually introduced the buyer. If they insist on charging a small administration charge ie £500 no more - then I would try and settle on this to avoid court proceedings. Did they actually do any work ie market on the property or arrange any viewings?
Customer: replied 1 year ago.
I have just had one viewer come round literally last Friday and he apparently is interested but has not put in an offer yet. They have advertised, Rightmove and obviously their own website plus one entry in the local newspaper and a board is erected. Depending on the outcome of this viewer and him offering a lot more money I really would prefer to sell to my tenant.
Customer: replied 1 year ago.
Can I actually terminate my contract now (irrespective of when they say it will be effective from). Will this stop them sending any viewers and can I proceed with the sale to my tenant straight away?
Customer: replied 1 year ago.
Are you still on line Alex?
Customer: replied 1 year ago.
I don't understand why I am not getting a response Alex? We haven't finished our conversation. Can I get a refund please?
Expert:  Alex J. replied 1 year ago.
Hi thank you. My apologies but I had to leave my computer last night. I am here through out the day. Can you send me the agents terms and conditions that were accepted by you and I will confirm how you can terminate the contract? Ie what the notice period is and whether there is a termination charge?