Selling a house, BAD agents, no signed terms, want out, where do I stand?

[HouseSaleAgony]

Name change here in case my estate agents read this (however, I sincerely doubt they even know how to use a computer...)

Anyway, the situation is I'm selling a house and have been messed about, misled and downright lied to by my estate agents and as a result, I want to take the property off the market with them and put it on with someone else.

I've never signed terms of business with them, can I just take it off with them immediately, or should I abide by the 14 day notice period the contract states, or because I've never signed it and they have been absolutely AWFUL, can I just tell them where to stick their agency?

They have been terrible and even my solicitor is telling me to be wary of them and also, he has said they are misleading him too.

Please can anyone advise me? I am at my wits end and they are making an already stresful situation a million times worse.

I am not sure - can your solicitor advise?

What a pain. You should name & shame!

Thought a bit more...

if they have carried on as an agent should - put up a sign outside the house, printed particulars, marketed the property the I think it could be said that you do have a contract in as much as they have done their part then I think you should give them 14 days notice...

however if they have not acted as estate egents should then get yourself on the books of another agent

not a solicitor but used to be an estate agetn (yes, i know i know, former life) If you have not signed anything I would just ring them and tell them you are not happy and are moving agents right now. just keep a note of your complaints, notify your solicitor and get someone else. btw have you thought about selling your house yourself? I have done this a couple of times and if it is straightforward is not hard. plus even if you sign with an agent you are entitled to market the property yourself - though you may owe them a fee in the end. dont be afraid to negotiate contracts and percentages with the agent and, depending on your local market, they may do joint agency. hth

give them notice by all means - but tell them you are instructing other agents but if they sell it in the 14 days tell them you will happily pay their fee! sometimes can give them the motivation to sell to get their comms.

Well, they have printed particulars, put the property on the internet etc, however, they have been utterly inept in every other way. I have had to call them every step of the way to see if there are any viewings, about offers, marketing the property, everything.
We had an offer that we were 'promised' had the funds and we were set to exchange before Christmas, last week, I found out the buyer hasn't got the funds and we are no further along.
They promised the property would be re-advertised this week, however, it hasn't been
They very seldom return my calls...
They told me to think of the poor buyer and how bad they must be feeling! They seem to be working for him not for me!
I could go on... now I want to go with an agent who knows the basics and one I have more confidence in and one who might actually stand a good chance of selling the house
I don't know if I could sell the property myself, due to time constraints and stress levels it might lead to! Really wouldn't have the first clue where to begin.

The buyer has a meeting with their bank today, so I will see what happens and if it's no further along, I really want to tell the agents that I am going with someone else.
Am all set to name and shame, I don't want anyone else to make the mistake of trying to sell a house with them, they couldn't sell a Wendy House if Peter Pan walked (or flew) into their office...

Just because a contact has not been signed does not mean that both parties aren't bound by it. However, if they have clearly not done what they said they would do, they are in breach of contract and you are entitled to terminate. If the contract (whether signed or not) says that you have to give 14 days' notice, you may be bound by that, but it rather depends on what their breaches were - if serious enough, just tell them to shove it and then it's down to them to pursue it, which is unlikely.

Maybe I should indeed give them 14 days notice, then I've done my part correctly. I keep wavering between being doing this and just binning them off today. Too many sleepless nights about this!

Can I get other agents around the property during this two week period just so they can value it and then I can tell one of them to take it on when I'm finished with the bad agents? No harm in doing that?

God point about the two weeks period giving them the boot up the backside they need. I don't want to loose a buyer, but from how it sounds, we have been misled every step of the way and now my confidence in anything they say or do is totally shaken. They've been truly awful in communicating anything with me, I've had to chase absolutely everything and now we are in a worse position as the property is on hold with no advertising (against my wishes), so the buyer can raise the funds we were told he already had. They actualy said to me 'we;'ve seen in his bank accont and he has definitely got the money', now though, he hasn't.
I think I will give them the notice, so I have done nothing wrong. Though, if the buyer's bank meeting today throws up nothing new, I might be inclined to tell them it's all off today... just don't know what to do!!
I would be happy to pay them their due, if they do sell it, it would be a huge relief to have them out of my life!

Let us know what happens housesaleagony xxx

Is the contract a sole agency one? If not, there's nothing to stop you instructing another agent straightaway. Certainly you can start the ball rolling with another agent re valuations etc. in the two week notice period, with an agreement that they start to market the property at the end of the two weeks.