Estate Agent Still Marketing Our House - Despite us formally withdrawing it

[aurorablast]

Nearly put this in the 'is it me but' thread...

Any of the fine brains on the board able to help here?

We're unable to sell our house at the moment (due to unresolved probate) and wrote to the agent to withdraw it from sale, we've given notice and the contract period fininshes in next few weeks. They wrote back saying they were still going to offer it on their website - surely they can't continue to market a property which we're currently unable to sell?

Many thanks, in advance for any help.

What would they gain? They're not going to be able to show anybody round are they, let alone take it any further.

I'm not an expert on probate but have just exchanged on our 2nd property with probate issues - they weren't discovered until we'd had our offer accepted and the solicitors where coming up to completion.

It sounds strange that they would want to be, in effect, wasting their own time as well as everyone elses. Are they clear that you are actually unable to sell at present. (Rather than if they miraculously found you a buyer then you might consider an offer, even though you said you weren't't moving)?

If they ring for viewings you'll have to make the point "no, it's no longer on the market".

I suppose they are using it to attract new people to the site?

So when viewers call about your house, they'll say "Oh that's not available anymore, but we have xx and x" and hope that the viewers will look at those instead. It also makes it look like they sold your house, even if they didn't.

could it be so they don't lose out on money. when you get to put it back on the market, you might not use them, they could be doing it so they can guarantee getting the money.

Why not ask them what they intend to do if they get someone wanting to look round? Since you aren't selling it now so will not be allowing access or anything.

O bless you all for replies - I really did begin to think I'd wandered into an alternative universe, and all of you have raised matters which had crossed my mind. We're in the situation that the house we'd made an offer on; one of the pair who owned it very sadly died and with a will so muddled it looks like the surviving owner (they're not a couple) only owns half the place - not the whole that was intended. Given this situation I feel it would be dishonest to continue to market our house as we're in no position to sell, and with the way probate works..probably won't be able to complete any sale for a very long time. We did say cease marketing and remove from all web portals etc - total waste of everyone's time, I'm just gobsmacked that they think they can continue to market it - surely that cannot be right. Thank you so much.

When we put our property on the market last year and then subsequently decided to keep it the estate agent left it on their prime marketing position as it brought in viewers like Caja mentioned.

We had a call from a different estate agent a few weeks ago asking if it's still for sale, partner said no and they still asked if they can bring in a viewer that afternoon.... (he put the phone down!)

I'm not the biggest fan of estate agents and their pushy ways!

O Lordy Bonkers... from last year...that's flabberghasting. Absolutely agree with your last statement given this experience.

The soon to be scrapped Property Misdescriptions Act ought to frighten them since they are clearly describing a property as being for sale when it is not. If they won't withdraw it having written to them formally then you could report them to the Ombudsman (there are two - The Property Ombudsman & Ombudsman Services), to any trade body (like the National Association of Estate Agents) or finally to their local Trading Standards office.
Please shout if you need more help.

Fools! Can you just ignore them? I know that sounds silly, but if you just hang up if/when they call, it won't actually affect you in any way, and they'll simply be wasting their own time! They also pretty much guarantee that you won't choose them if you do ever decide to sell again...

And do check your contract with them. You may avoid a penalty fee if you sit it out for a while.

Thanks Henry & Flow - I'm loving the property misdescriptions act - which it quite clearly is:) & thank you everyone for being so helpful