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 Long story short they have been terrible to deal with communication wise and didn't inform me the 2nd offer had been retracted until months after it had been.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.

Depends on what their terms of appointment say, surely?

FWIW, I've never agreed to have a notice period with any estate agent that I've used and I think it is a ridiculous practice. What is the notice period for? So they can actually start trying to sell your property when they have failed before? Either they make efforts to market it and manage the process or they should be terminated immediately. So with the next one get them to remove it from their terms.

I'd be furious if I were you. IME keen buyers are on Rightmove all the time, and will have seen the listing; they may be able to find an archived version of it even after it's taken down. And yes, honestly, if I saw a house had been listed, a long gap, then relisted as cash only, then taken down ... I would be wondering what was wrong with it.

It's perfectly possible this is simply a buyer who can't really afford the house and that's why they've been turned down - but you wouldn't know from the pattern of the estate agent's listings.

Why don't you get the house into a more attractive condition? If structurally it's sound, by shelling out on a redecoration, even a budget kitchen and bathroom, would help you sell. I did this with my mum's house after she died. New wet room and kitchen cupboards, laminate flooring throughout ground floor and cheapish carpet elsewhere. First time buyers could then see that they wouldn't need to splash lots of cash before moving in. I sold within 2 weeks after the work was done, less than £8000 spent.

Hmmmm - I would be very suspicious who the real buyer is…
Years ago when we were looking to move from our small 2-bed flat, a detached house came up on the market needing modernisation. It was a unique opportunity to buy a 400+ year old cottage at a just-within-reach price (if we really stretched ourselves), and we approached the EA to arrange a viewing, but were refused as it was “already under offer”.
After finding our current house, we held a drinks party for our neighbours to say goodbye. Talk came around to the search, and we mentioned the “one that got away”, only to be told that the owner, a friend of one of the neighbours, had been desperately trying to sell it at less than market rate, but had subsequently been forced into repossession by the mortgage company. The reason? According to the EA (the one that refused us a viewing) - not one person had expressed an interest in viewing…
At this point we had exchanged contracts on our own purchase, and the poor original owner was, in our neighbour’s opinion, a broken man.
Once the property was repossessed and put to auction - you guessed it: the EA purchased it, gave it a lick of paint and sold it on at a huge profit.
Since we didn’t really know the owner, the neighbour was not a close friend, and we didn’t want to heap even more bad news on someone already broken, we didn’t pursue it (this was pre- internet, so much harder to verify and fact-check).
I haven’t moved house since, but I would certainly approach any EA with a “follow-the-money” mindset and with this doubt always in my mind.