The sale of your home is likely to be one of the biggest transactions you ever complete, so if you aren’t happy with the way things are going – it’s important to know your options. If your home has been sitting on the market for a long time, with nagging doubts that your agency isn’t performing as they should be, alarm bells may well be ringing.
If you aren’t satisfied with your estate agents, what you can do will largely depend on your original contract. It is important to note that cancellation fees, commission or marketing fees could all be due should you wish to cancel your agreement – so reading through the small print is crucial. We’ve outlined some of the most common scenarios should you be unhappy with your estate agent’s services, with advice on what you can do throughout.
If your property is currently on the market, and you just aren’t happy with the way things are going – whether that’s poor communication, advertising, professionalism or simply your home taking a long time to sell – it might be tempting to swap to another agency as soon as possible. This is an option we’ll explore further, but it is important to first take a step back and objectively assess your situation before finding new instruction.
One of the first things you should do is talk to your estate agent. Clear and open communication will be helpful both ways. Sharing your concerns, asking for their advice and opinion on why your house isn’t selling should be your first port of call. There may be a genuine reason why your home sale is stagnating, related to presentation, price or structural issues which could potentially be fixed, so having this discussion before taking further steps is key.
If your estate agent doesn’t respond to your concerns in a timely, professional manner and you are certain that selling your home yourself or swapping agencies is the best course of action – the next thing to do is take a look at your contract. There are many different types, with various possible clauses which will largely dictate your options.
Knowing your contract type will help you better understand your options should you wish to cancel the agreement, and what fees or charges might be due. There are four main types of contracts usually employed by estate agencies. These include:
One of the most common issues that sellers face when either wanting to terminate their contract or having found a buyer themselves is the tie-in period. Common tie-in periods can be anything from 12 to 24 weeks, often with extra notice periods added on at the end. This is normal but does mean that if you aren’t happy with your estate agent, you’ll usually have to wait at least six months before finding new representation. Reading the small print of any contract you are signing is important, paying attention to factors such as VAT, fixed-rate commissions, tie-in periods, cancellation fees or any other additional charges.
There are many reasons why sellers may not be satisfied with their estate agency, for example if you feel that details on your property aren’t being sent out to potential buyers, enquiries are being ignored or viewings not followed-up, offers not being passed-on, the details and photography are inadequate or even that you feel you are being discriminated against. Depending on the severity of the complaint, and if you have first discussed the issue with your estate agent, you can also raise the matter with an independent complaints body.
All reputable estate agents dealing with residential properties should belong to a government approved scheme for complaints. These include the Property Ombudsman and the Property Redress Scheme. If you are able to prove that your estate agent has breached the terms of the contract, you may have sufficient cause to terminate the agreement – but legal advice would be prudent. Experienced advisors, for instance the Citizens Advice Bureau may also provide further information on complaints, should you be dissatisfied with your agent’s actions or response.
Over 300,000 property transactions fell through last year, with many homeowners increasingly reluctant to sell their home in an uncertain financial market. You may have changed your mind on your house sale for many different reasons, but do make sure to check your contract before taking next steps. Depending on your initial agreement, you may not face additional charges for pulling out of the sale but fees for advertising or marketing could be listed. Some contracts may also include charges for being introduced to a suitable buyer should the property be taken off the market before completion. Unless otherwise stated, if the estate agent hasn’t been able to find a buyer and you have extended your tie-in period, then you usually won’t have to pay anything for taking your property off the market.
If you aren’t happy with your estate agent’s work but aren’t in a position to market or manage the sale of your home yourself, then swapping agencies is a common solution. The most common reasons for changing representation are a lack of viewings combined with poor communication. Do make sure that you have thoroughly researched the estate agent you are thinking of moving to before making that jump – to ensure that similar problems are not replicated.
The first thing to do is read over your existing contract (and the terms your new agency would propose) to check what type of agreement you have. Sole selling or sole agency contracts wouldn’t allow for the instruction of another agency, but you may be able to leave the contract and simply appoint a new agent if your tie-in period has expired. If you are seeking to terminate your contract prematurely, it’s advisable to discuss your concerns and issues with your agent first. They may be able to negotiate a new agreement allowing for joint or multiple agency instruction or advise on cancellation fees.
It can happen that an estate agent is simply unable to find a buyer for a property, with some homeowners consequently undertaking marketing and viewings themselves. If a buyer has presented themselves to you, for whatever reason, you may still have to pay fees to your estate agent. Make sure to carefully read the fine print of your contract, which can often stipulate that fees are due if your home sells within a certain period. If you are able to prove that your estate agent did not introduce you to the buyer, there are certain cases in which fees wouldn’t be charged – but it would be crucial to document all contact with your buyer in order to demonstrate this. In most cases, if you have found a buyer yourself and are still in contract with your estate agency, you will likely have to pay a certain amount of commission.
The sum estate agencies charge for their services varies substantially. The amount you have to pay for cancellation, and the conditions in which commission will be due should be listed in your contract. It is common to see a six-month period after the contract has ended, during which the seller may still have to pay commission if someone the agency introduced buys the property. Some estate agents claim that sellers owe money no matter how long it is after the termination of their contract, but such a term can be challenged under the Unfair Terms of Contract Regulations 1999. If you feel that charges or the terms of your contract are unfair, it is wise to seek legal advice before progressing further. Ultimately, the costs incurred will be down to the fine print agreed – so do read your contract carefully to decide whether leaving early is the best option for you.
There are a variety of reasons why sellers may not be happy with their estate agents, with common scenarios including wanting to cancel a sale, having found a buyer yourself, ending a contract prematurely or swapping agencies. Make sure that you have read your contract carefully to best assess your options and seek professional advice should it be necessary.
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