Estate agent T&Cs... do they or we have a leg to stand on?

[brogueish]

Our property has been on the market for 15 weeks. Lots of viewings, some 2nds, but no offers (apart from two that turned out to be "misunderstandings" ). We're in an area where properties go quickly, it's reasonably priced etc.

We've just had two other agents round who both immediately said that the issue is not our house but the one next door - it's in a state of disrepair, although someone lives there. We had raised the house next door with the original agent but they reassured us it wouldn't be an issue...

We've given notice and we're off the market. However they have only now supplied a copy of the contract and the T&Cs, which we hadn't seen before or been made aware of. Turns out we granted them sole selling rights for 2 years, and are expected to pay them fees if we sell as a result of any "introduction" (including seeing the for sale board or on Rightmove!).

This sounds crazy and a massive over-reach, especially as the T&Cs were not mentioned or supplied until we gave notice! Is this standard practice, and are they really enforceable??

It's fine to name them, it's not libel or dirtying their name if it's true.

@Lyingdogslie1 That's a good q - they mentioned either a reduction or potentially agreeing with our neighbour to do some cosmetic work. It's a real problem. Their definition of introduction seems to include absolutely anything, including personal contacts. Crazy.

Thank you so much everyone, I really do appeciate your comments.

Op the fact that they sent you a copy of the t&c’s as soon as you cancelled would indicate that they were fully aware that you did not previously have them. Unless you requested a copy of them of course.

I will echo what others have said and don’t let them intimidate you.

If the EA is a franchise/part of a bigger group I'd suggest contacting their Head Office. I had a similar issue with an estate agent a few years ago. In my case they were trying to get me to pay £££ to take the property off the market despite them not having done anything to sell it for over a year (like yours, they found a clause hidden in the small print although we had seen the ts and cs, just assumed that this clause would not give them a right to keep us on their books indefinitely and do nothing). The local EA was not interested in discussing the matter and intimated that if we were in a dispute with them over fees it would stop us getting a mortgage. A quick call with Head Office sorted everything out (once they realised that when the local agent had told them we had loads of viewings 'in June' they should really have specified which year!)

Really mixed reviews on their Facebook page. Did you speak with them OP?

I have just read some posts about difficulties with buyers and I realise I'm not alone in being really frustrated and angry. I'd love to hear your opinions about my situation. I agreed a very good reduction in the price with the buyers in the understanding that they would move things on really quickly. Since then they didn't tell me they were not going to do a survey, weeks lost, then weeks later organised a survey of my house without consulting me. Survey took place. Weeks later there still had not got back to me about results. Then they organised an electrical review without consulting me. This has all taken place while in lockdown. I have made it clear that they cannot have access to the house unless I am consulted with appropriately. There is some work to be done on the electrics, and this has been costed on the searches,but again they have not discussed this with me.
I've given estate agent an ultimatum, unless they let me see relevant information about the electrics from the surveyors and engineer by the end of the week, I will be putting the house back on the market. I'm furious about all this and really don't want to lose the house that i am buying but in view of their delays also unwilling to let them reduce the selling price more........