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JGM, Solicitor
Category: Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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My wife and I are separated and have agreed to sell our jointly

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My wife and I are separated and have agreed to sell our jointly owned property. On 11th November 2015 I signed a contract, in my wife's presence, with an estate to sell our property. Foolishly we did not look into the pitfalls of selling the property before hand and did not read the contract before signing a "Sole Selling Rights Agreement" - the estate agent read the agreement out to us then told me to sign the agreement, he did not fully explain what I was signing for, did not offer me the opportunity to read the contract and did not tell us it was for 20 weeks.
The estate agent has proven not to be as professional as first thought, has not presented the property to its best on the internet and are unreliable. Since November we have had four viewings. On one occasion the estate agent arrived late to show the prospective buyers round and on another occasion did not arrive at all. As we are not satisfied with the estate agent's performance my wife and I want to end the contract.
My question is:
As my wife and I jointly own the property should we BOTH have signed the "Agreement" for the estate agent to market and sell the property and are we now within our rights to terminate the agreement?
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Customer: replied 2 years ago.
Hello NicolaThank you for your reply. I am ok with waiting for an answer.Best regards
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Thank you for your patience,
Thank you for your question.
Technically the agreement should have been signed by both of you. However if it is clear from facts and circumstances that both of you were instructing the agent, there is no absolute need for two signatures. However, a prudent agent would have done so.
However, the real issue is the extent to which the contract ties you in to a sole selling rights situation. The answer to that from your narrative is quite simply that the agent is in breach of contract as he has not carried out his side of the contract properly. You can hold the agent in material breach, write a letter terminating the agency and go elsewhere. You can't be held to the contract where it has been breached by the other party.
I hope that helps.
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JGM, Solicitor
Category: Law
Satisfied Customers: 12190
Experience: 30 years as a practising solicitor.
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