Dealing with problem estate agentsHow to cancel a contract with an estate agent
Can I back out?
Beware of agents who aren’t members of the OEA or NAEA
Maybe you’ve changed your mind and don’t want to sell any more, or perhaps you’re unhappy with your estate agent and want a new one, or you may want to save on commission fees and to market the property yourself.
What you must do now depends on the individual circumstances.
If you have a 'sole selling' agreement
You must wait until the notice period elapses even if you’ve found a private buyer yourself.
If you have a 'sole agency' agreement
Check how long the period runs for and what notice you have to give. Avoid instructing another agent until the end of your sole agency period because if they find a successful purchaser within that time you'll still be liable to pay commission to your original agent. This means you could end up paying double commission. You can still find a private buyer yourself during that period.
Find out about your rights and get more advice on selling your home.
How to withdraw an instruction
Call the agent. Make a note of the time and who you speak to. Tell them you wish to give notice that you’re withdrawing instructions for them to sell your property, effective immediately. Tell them you’ve made a note of the call and will confirm again in writing. You don’t have to give them an explanation as to why you’re withdrawing.
If you have several agencies
Withdrawing instructions to an estate agent to sell a property
Your address
Dear [Reference: address of seller's property]
Further to our telephone conversation of [date], I write to give you formal notice of the withdrawal of my instructions in connection with the sale of the above property.
I understand that my sole agency period will expire on [insert date] and that I will have the right to sell my property through another agent from that date, without becoming liable to pay you any commission, subject to the terms of our contract.
Yours sincerely,
If you have a sole agency agreement
Reject claim for commission
Your address
Dear [Reference: address of seller's property]
I have received your letter of [date] requesting payment of the sum of [£......], representing [.....per cent] commission on the sale of the above property to [purchasers].
As you know, we entered into a multiagency agreement with you. We had instructed [another agent] on As you know, we entered into a multiagency
agreement with you. We had instructed [another agent] on [date], prior to our placing instructions with you, and it was on [date] that [purchasers] first inspected our property.
The fact that you subsequently issued particulars of our property to the purchasers is irrelevant, since it was [other agent] who introduced them to the property which they eventually bought., prior to our placing instructions with you, and it was on [date] that [purchasers] first inspected our property. The fact that you subsequently issued particulars of our property to the purchasers is irrelevant, since it was [other agent] who introduced them to the property which
they eventually bought.
Yours sincerely,
Paying too much for your energy?
Take advantage of the recent energy price decreases by switching to a cheaper tariff today.
Which? Switch