Estate agents - can they do this?

[Obeythedancecommander]

I have an estate agent selling a probate property condition in pretty poor condition but with a bathroom and kitchen and structurally is fine.

Property was listed in September and a buyer found and removed from advertising, the property fell through after 1 mortgage application was declined (property condition) a 2nd offer was made but retracted and a third application was declined last week due to property condition. I suspect something wrong with buyer's circumstances but estate agent adamant condition is. Long story short they have been terrible to deal with communication wise and didn't inform me the 2nd offer had been retracted until months after it had been. It has all dragged on and been a complete waste of time.

Estate agent told me I should relist as cash buyers only (as I don't believe the property is unmortgageable at all) and I wasn't happy with the communication or service overall so I gave my written 21 days notice of cancellation with them on Monday (I plan to go with another estate agent who I have been in contact with)

Just woken up and they have relisted the property on right move and put cash buyers only! I am furious as I expressed on the phone several times and in an email that I don't want it listed as cash buyers only.

Where do I stand with this? Can they relist it even though I didn't say to relist it and can they put cash buyers without my consent? It feels like a petty attack

Are you the executor of the will or representing the estate of the person who has died?

If so, tell them in writing that you are not accepting cash buyers and you will wait to relist the property with another agent after their notice period has ended.

Something smells fishy here.

You can always get a basic survey done in the property yourself. This can be offered to potential purchases. It could be purchased by potential purchasers if it's a reputable surveyor.

This way you'll know.

I am the estate administrator yes.

I have told them this and they have just relisted and put cash buyers only without my consent which is why I wrote my post.

I told them on Monday I wanted to give notice and they have just relisted and added cash buyers on! They are being petty and I want to know if legally they can do this?

Looks like they have a cash buyer who is slipping them some cash under the counter and will probably make you a silly offer. You don't have to accept it. Assuming they have a professional body I'd report them. Not telling you about the second offer sounds like a breach of duty.

Sounds like they have someone in mind and are hoping you'll change your mind once you're offered the cash.

But no if you've said no to cash only then they're going to look silly when you reject the cash offer

I only said no to marketing it as cash only as will cause people to be suspicious of it and it is cutting out people with mortgages.

I just dont know why they have relisted the property at all when I gave notice and they know how unhappy I am.

I don't know what the lead time is for getting listing up on Rightmove. I don't think it is instant so possibly someone in the office had jumped the gun assuming you would agree.

Generally in the situation of conspiracy or cock up I assume cock up.

Regardless of how badly they've managed this. You have the final say in who buys the house.
Get on to a reputable estate agent today. They can get ready to market it as you've given your 21says notice to the other agents.

Did you get it valued with three agents before it was given to the current agent? Do you have a sound idea if it's value?
I'd email saying you want this listing of cash offers removed today as it was not agreed. That you will be marketing it elsewhere once your notice period finishes.

You have the final say as you don't have to accept any offers at all.

Make sure every instruction you give them is by email so you have a trail. Tell them that while the notice period is being worked you wish them to let you know what they're doing by email as well. Remember to keep a note of the names of anyone you have to speak to. You should certainly repeat that you told them on Monday it was not to be cash only and that you wish that to be removed from the listing.

I suspect one of their friends wants to buy the property.

Is it sorted, OP?

Just get a new estate agent and block the old ones number. You don't have to pay them if they didn't sell the house.

Depends on the contract that was signed. They could end up paying two lots of agents fees if it's sold by another agency whilst under a sole contract with the first agent.

@inloveandmarried highly unlike 6 months in - that clause normally exists for 4-6 weeks and OP has given her notice whether they've acknowledged it or not

Did you actually give them notice in writing or just verbally?

Even though they are on a notice period they are still your agents at the time being and will be desperate to get it sold so they get their commission. Tell them in writing to delist it and ask for the keys back. Don't agree to any future viewings and reject any offers. Although, I don't know why you don't want a cash buyer, if there are problems getting a mortgage then there are problems getting a mortgage!

Granted the EA is being a dick, but if you have a cash offer for the amount you want to sell for, why wouldn't you take it?

Separately, have you had your own survey done on the property to find out if the feedback about people not being able to get a mortgage to buy it is justified?