Estate Agent Cooling Off Period? Advice needed....

[The Jogger]

I advised an estate agent that we would use them to sell our house, we had a member of their staff come and take photos and brought the contract for me to sign on the 30th. When they sent us the brochure for approval, I wasn't impressed with the write up, leaving out some crucial selling points and pictures of the excellent views, so I decided to use what I thought was a seven day cooling off period to advise them I would not be using their service. They have since replied saying as I instructed them on the 17th over the phone the seven day period doesn't count. Where do I stand with this?
Thanks
Jogger

 

[smokeysmoo]

I haven't got a clue about the legal side of things, but I presume you still have a house you want to sell? Why not discuss the write up with them and get them to re-drafted to meet your approval?

 

[The Jogger]

I haven't got a clue about the legal side of things, but I presume you still have a house you want to sell? Why not discuss the write up with them and get them to re-drafted to meet your approval?

To tell you the truth, I lost confidence in them with the details they wrote up.

 

[smokeysmoo]

Fair enoughski. I'd argue the toss that a) the cooling off period should apply from the point at which you can see what they are going to actually do for you*, and/or b) I'd argue that based on their work thus far they are in breach of what ever you had verbally agreed with them*. They might just cut their losses, but then you're back at square one.

Life's all about negotiation IME, but if you don't want to negotiate with them then I wish you every success on your future dealings

*I make no suggestion that either argument will a) work, an/or b) have any legal strength what so ever

 

[fossyant]

With smokey here. Cheeky gits.

 

[Hacienda71]

They should confirm instructions in writing to comply with the Estate Agents Act and there should be a clause confirming how to terminate their instructions. Verbal instructions are not sufficient.

 

[Doseone]

^What Hacienda said.

They are Bull Sh**ing you. Date of instruction is date you signed their contract.

 

[The Jogger]

I will contact a solicitors and get some legal on it and decide if I want to put up a fight, thanks for all the comments and I'll update soon.
Jogger

 

[Hacienda71]

If they are Chartered Surveyors as well as estate agents ask to see a copy of their complaints handling procedure.
Also they cannot act on your behalf unless they have seen and taken a copy of your passport and a utilities bill as they would be in breach of money laundering regulations, which as of about two years ago became a mandatory requirement for all estate agents.

 

[Crankarm]

What does their contract state about termination of contract? You did sign it? I would have thought that they would have to draw up details or particulars of your property with reasonable care and skill. If they have not done this then you need to make them aware of this and get them to amend the details to your satisfaction. If they still fail to do this then they should have complaints procedure. If communications become protracted and you feel they are NOT acting in your best itnerests as the agent to sell your house then you could terminate the contract. Call their bluff if they say they will sue you that any claim against you will be vigorously disputed. Estate agents IME - generally untrust worthy a-holes.

 

[The Jogger]

Yes crankie, I did read it but nothing about a cooling off period in there. They have amended the details, ie added stunning views, details on heating, car parking and are sending a person around with a camera on Tuesday. Let's hope this will do the job.

 

[asterix]

Doesn't sound like any kind of outfit I would want selling my house.

Last time I was involved in selling a house they under-valued it by 10%. I thought it was odd that they got a buyer before the sign went up and it never went on t'internet. Then they started messing about so I got another agent involved who said the house was worth more, so I got another agent in just to check. Then I told the first agent to try harder and got a 10% higher offer in a few days. It wasn't my house anyway but I didn't why they should rip people off.

 

[Crankarm]

Doesn't sound like any kind of outfit I would want selling my house.

Last time I was involved in selling a house they under-valued it by 10%. I thought it was odd that they got a buyer before the sign went up and it never went on t'internet. Then they started messing about so I got another agent involved who said the house was worth more, so I got another agent in just to check. Then I told the first agent to try harder and got a 10% higher offer in a few days. It wasn't my house anyway but I didn't why they should rip people off.

Yep they are generally lying scumbags. There is one around in my locality where the guy was stacking shelves, then became a dump truck driver, then fork lift operator, now an estate agent. Not to slur shelf stackers, dump truck and fork lift drivers, but you get the picture.

 

[rusky]

IMO most estate agents are right down at the bottom of the food chain.

The biggest here is always taking back handers from builders so they get properties before they go on the market & at stupidly low price.

Another, I turned up for the viewing but no estate agent appeared (it was a vacant possession) I called to find out where they were only to be told the place had been sold.

 

[ASC1951]

Yep they are generally lying scumbags.

Not in my experience - and I dealt with the ones in my town daily for thirty years. Most of the estate agents had been there 50+ years and a few of them 150+ years. They were as businesslike and honest as any other trade, and took staff training seriously.

Unfortunately it is a job you are allowed to do without any qualifications whatsoever. So you get a scruffy undergrowth of small firms which appear on the way up the property cycle and go bust at the bottom. They attract misfits from other jobs - often insurance salesmen who can't pass their exams - and can be picked out by their garish advertising and sign-painted cars. They only pop up in cities and large towns and anyone with any sense would know what service they are likely to offer. But of course they are cheap ..... and a lot of people can't tell the difference between price and value.