To refuse to pay estate agent

[Rockmehardplace]

I live abroad and put my flat in the uk up for sale 10 months ago with a nationwide company who had a local agent. Within weeks, the agent had left the company but assured me that the keys had been passed to another local agent.

I received a few emails from the company asking if I had a key safe etc and I got back to them immediately stating that they had the keys. They then confirmed that they did. Several viewings were missed as the agent didn’t show up and again I got back to them and was assured that they did have the keys.

i have now escalated this and received an admission that they DONT have the keys, and offering me the cost of a new key as compensation. I don’t want to deal with them any more as I have no trust in them.

AIBU to not give them another set of keys and can I get out of this contract? As far as I am concerned, they have been negligent.

So they haven't shown anyone the flat for 10 months? Get rid straight away.

100% get rid.

Another reason to add to the list of reasons for having licensing of estate agents.

What have they actually done apart from showing gross incompetence ?
Email to say you are ending the contract due to failure to provide the services they promised.
Get a proper EA.
If they give you agro contact the Citizens Advice Bureau for advice on breach of contract.

I thought that you only pay EA on completion.

Is this one of those cheap useless estate agents where one person covers the whole of the south East? Can they can only do viewings once a month when they happen to be in the area and then spend the afternoon asleep in their car outside your house, having to be woken by prospective buyers?

Get rid and use a proper local estate agent with an office in the same town as your house.

As a buyer I'm put off by anyone selling through one of these companies and would have to really love the house to put up with them

It’s purple bricks. I went with them because you paid on completion or after 10 months, whichever happened first. It’s such a mess and I’m furious with myself and highly stressed about it.

Absolutely get out if this waste of your time and money .
Keep all the emails as proof of their failure to uphold their side .
Google local estate agents to your property and I'm afraid start over.
I don't know if you have the energy to sue them or indeed a case but review their service .
Good luck .
I know folks are going to jump in and say what a wonderful experience they have had with this company but its not one I rate or would use due to hearing about others dealing with them

So, you’ve had interest in the property and people have booked viewings but the agents haven’t carried out the viewings because they lost the keys?
And the contract is pay on completion or after 10 months, and now they want paid because it’s been 10 months? No. Tell them it hasn’t been 10 months because they haven’t carried out any viewings, lost the keys and didn’t tell you. So the 10 months starts from now, when they have keys and you want a discount on the fee given that you’ve had an extra 10 months of this house when you could have sold ages ago.

Or get out totally and use a different agent, and refuse to pay because they didn’t show the property because they lost the keys and repeatedly lied about it.

If they had a key to your property, and then lost it, at an absolute minimum I'd be expecting them to pay for new locks.

This !
And send a relative around to check that the property is indeed unoccupied

@WarshipRocinante thats exactly it in a nutshell.

i don’t want to continue with them because I have zero trust in them now. I’m now left with continuing to pay for the flat (council tax, insurance etc), pay upfront to instruct a new agent (new photos, home repot etc) and potentially pay for 10 months of absolute lies by purple bricks.

Look at the terms of the contract and the service that they are due to provide. I'd say they haven't met their service obligations and you can file a claim in the small claims court for failure to provide the contracted service and claim for losses.

You don't pay most estate agents upfront, only upon sale.

I'd be concerned that the first agent has moved someone into the property. You really need to check it is not occupied. A missing key is concerning.

I had a similar experience with them but I paid up front 😬 the initial agent left and after that I had to do all the viewings myself and speak to buyers etc. Would never use them again.
i was selling my mothers house after she died and was already stressed enough so didn’t try to get my money back.

If you're abroad and relying heavily on agents, fgs don't use Purple Bricks or similar, get a decent local agent.

@LordPercyPercy I know that now, I had thought that as it was online it could mean that I could check on how things were going easily (different time zone). Lesson learned.

im just scared of having to pay them AND a new agent, though will instruct a new local agent next week.

I got a local estate agent. They had a set fee and were paid by my solicitor after the solicitor got the money from the buyer.

The EA was recommended by my solicitor. Came out to see me no obligation after I phoned in a quandary - had been given an offer by someone who did work on the house.

The prospective buyer had convinced me that no one would want to buy the house. EA reassured me, gave me an estimate, but suggested I go ahead with the mandatory home report - could organise my own, but told him to organise it. Also suggested I text the prospective buyer to say that the house had been valued 10k more than they'd offered. (Small house, cheap area. No stamp duty payable.)

When I said, "But it needs rewiring... They're telling me I need a new roof...The windows are out of date..."

"It's in the same condition as any other house of its era. Whoever moves in will rewire and put in a new kitchen and bathroom. Don't do any more. Just finish tidying.)

Surveyor estimated 25k more than I'd been offered. EA put the house on the market on the Monday, for offers over 10k under the estimated value. Phoned Tuesday to say they had two viewers, cash buyers.

Thursday told me they had a 3rd viewer. Early afternoon, one had offered 1k above my asking price. 2nd like it, but wanted his daughter to see it. She'd be having a look in the afternoon.

Friday morning, 2nd chap had offered 6k above my asking price. Cash.

This was just before the Christmas break. I had wanted to wait until the New Year: "No one will look at a house just before Christmas."

EA: " You're wrong. Strike while the iron's hot. I have buyers looking for a house like this."

The only hold-up was the fact that my solicitor was on holiday. Completed mid February. (I had to rush to empty the house.)

As I said, a cheap area - 2 bed. Needed work done. (New owner has rewired, put in new windows, doors, carpets.)

Even so...I was terrified wouldn't sell. EA was excellent and knew the area and the market, although the surveyor knew it even better. (To be fair, the EA came I before I'd finished tidying up after painting the living room and before I'd finished shampooing the carpet.)

That's the difference a good EA can make. I'd agree - you need another agent. You need someone honest who knows the area.

OP, they all work online these days.

My EA had. a portal I could log into, but I was kept updated via text and phone. I'm sure that a good EA would be prepared just to email if it suited.

Just beware of anyone who wants you to sell way below the value. We initially had one like that who let us down badly. He was selling cheaply to his mates. Then lockdown and bereavement made things harder.

I later asked my solicitor to recommend someone reliable and went with that recommendation. So glad that I did.