Under offer but want to give notice to agent

[HangerLaneGyratorySystem]

Has anyone ever heard of this - where you are under offer, but if you don't give formal notice (on what was originally a 12 week contract) and then the sale falls through, the agents are entitled to consider you are still contracted to them?

I've accepted an offer 6 weeks into the 12 week contract. If it were to fall through for any reason, I'd like end sever ties with this agent - I wouldn't give them another chance. So my normal notice period would be 1 month, meaning even if my sale is still going through, should I/must I give notice soon?

Hope someone can get the gist of this!

Not bad you got an offer within 6 weeks!

Why would you want to change them? It seems like they have done a good job if they have listed, conducted viewings and secured an offer in just 6 weeks.

I wouldn't think the notice could be given whilst they were actively agreeing a sale for you and you will probably be liable for fees. I would imagine although I'm no expert that you'd have to give notice only after a sale fell through.

Yes I know I will pay the fee if the sale goes through but if it doesn’t I don’t want them to have another crack.

I think you need to get the contract paperwork from the agent.

depends entirely on contract you sogned

and if you don’t want to read it

call them and say

“all being well this sale will progress to completion but in the event it does not and I would no longer like to market the property with yourselves, please can you clarify the notice period in these particular circumstances”

although in current market to get a solid offer within 6 weeks - you must just not like them personally because they’ve certainly delivered

The contract doesn’t mention this specific circumstance at all. Where did I say I hadn’t read it? It’s unusual hence I’m asking on a forum. As an example of why I think this “offer” might fall through, I accepted it last week and today they’re saying the buyer doesn’t have a mortgage offer. I don’t think they’ve delivered anything yet? Next Monday would be the official date to give notice. You have to give 1 months notice so at 8 weeks you are obliged to give notice on a 12 week contract. Why should I let them have more time if this buyer falls through?

I accepted it last week and today they’re saying the buyer doesn’t have a mortgage offer

Very normal not to have a mortgage offer one week after offer accepted, it usually takes a few weeks, presumably the buyer had an AIP and provided proof of funds?

They evidently have delivered something as they’ve found someone willing to buy your property so not sure what the agent has done wrong here?

I suggested what you should email the agent
What have you actually done to get clarification?

My spidey senses tell me the agents won’t stop you from terminating the agreement op

If it does fall through

It took us 3 weeks to get a mortgage offer and we got on with it. Just took time to confirm the provider / product, to gather the many docs we needed, and then just over a week for the approval. I think you’re worrying unnecessarily if that’s your basis for switching agents. It’s not their fault if buyers can’t get a mortgage or change their mind

Is this the first time you’ve sold by any chance?

I think we're all at cross purposes here. I want to give notice to the estate agent so that if the sale falls through, I am not obliged to keep them and let them try again. It's purely a technical contractual matter I thought someone might have come across before. There was a case in the news recently where a sale fell through after a few months and the agent then enforced their right to continue as sole agent for an additional 3 months from the date the sale fell through, they literally "re-started" the sole agent contract.

The fact that my agent seems to be dragging their feet on the offer from last week is just a side issue. I've contacted some conveyancers to instruct and they've all said that you should receive a formal "acceptance of offer" letter within 7 days or an explanation as to why it's not been issued. But anyway, although I am interested to see posters saying that's not the way it works, that's not the reason why I want to give notice on the contract and not the reason I posted. But thanks anyway, it's good to see various opinions.

I'd already done that several times before I posted, but I wasn't posting about that issue. I've now emailed 3 times and called 3 times - they just keep saying they are looking into it and will let me know. But as I say, that wasn't my query - maybe I didn't make it clear enough in OP in which case, my bad.

will there be a chain ie are you buying a property