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Legal matters

How to swap Estate Agent - To Let

3 replies

Thaleia · 05/02/2013 19:22

Hi,
we want to let our flat (as we need to rent a bigger one) and the Estate Agent we are using is doing an awful job. We had a few viewings but she was so "down" about our flat - even I think it's not such a great place anymore :(.

We haven't signed any paper work with them, can we just simply say that we don't want them anymore and switch or are we trapped in a sole agency agreement?

Thanks!
Thali

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Boomboomboomboom · 05/02/2013 21:12

What did you agree were the terms of their engagement? EA are notorious for holding you to the contract - even if you didn't sign it but were provided with the terms prior to them commencing marketing. If the terms say 16 weeks sole agency you may be stuck with that even in the absence of a signature

There is however an estate agents code of conduct (have a google) and if you think they are significantly in breach - you have said they are doing an awful job - you could ask them to release you from the contract or demand they have fundamentally breached it so you are released.

Alternatively you could market the property yourselves, or with a v v cheap on line agent, but be prepared for the original agent to demand their fees if you sell yourselves, or via on line agent.

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Thaleia · 06/02/2013 17:07

hm, I read the T&T twice and it doesn't say it anywhere, neither in the valuation letter. Is there something like "good practice" when one is unable to switch?
We are letting the flat and need it to be managed, hence the agent.

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Elansofar · 10/02/2013 16:23

Hi if nothing provided in writing and nothing agreed verbally, then it seems the situation is for you to interpret as you like. Contact naea.co.uk for guidance but take note, your agent may not be registered with them.

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