"Terms and Conditions" fine print query

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  • hudbry
    replied
    Yeah, thanks for that. Don't seem to be getting any other offers below 1.5% so all good. Appreciate the help.
    I learn lots through these forums.

    Leave a comment:


  • jpkeates
    replied
    I have a similar clause in my agent's Ts and Cs.

    You're going to pay an estate agent about that percentage anyway, so it's not a big issue to me.

    Leave a comment:


  • mariner
    replied
    I doubt the OPs clause is included in AST, but in OPs separate Business Agreement with LA, diff T&Cs apply.

    OP if your T remains after end of fixed term, you are required to re-issue deposit PI, even if deposit remains in approved scheme.

    Leave a comment:


  • hudbry
    replied
    Artfullodger: sorry about that. OK I see your point. The terms of the fixed rate congress to an end on the 26th. The fact the tenant will stay in there on a rolling contract until the property sells means the terms and conditions will still apply. Thanks.

    Contacted a few other agents in London and they came back with 1.75%, 1.5% some agent and 2% if multiple agency. Seems my 1.5% is average. Trying to negotiate from abroad is never going to yield great results mind!
    I'll be making sure they upload there property to rightmove etc etc.

    Leave a comment:


  • welshboy166
    replied
    I just had my place valued by 5 agents here in London. I had quoted 1.25%,1.5%, 1.5%, 2% and 2.5% plus vat. Some also were happy to consider a sliding scale where they only got the full fee if they hit a particular sale value.

    Leave a comment:


  • Wannadonnadoodah
    replied
    1.5% sounds uncompetitive. Fortunately the agent can't dictate the sale price, you do. All you have to do is let them have their 4 weeks but put your house on the market at twice the market price. I doubt they'd even bother uploading it to rightmove etc.

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by hudbry View Post
    Lawcruncher: a little confused. Are you saying my agent's terms are unfair and that I COULD think of appointing another agent after 2 weeks.
    I am saying that there is a very good chance that a court would declare the term in question unfair unless highlighted before you signed. The law takes the view that if a contract is presented as a contract for a particular service that the service provider cannot slip in a provision requiring the client to use its services in respect of something else, even if it is a service which that provider could be expected to provide. If you ask a solicitor to act on the buying of a house he cannot slip in a condition that you must employ him when you come to sell or if you want to make a will.

    If the provision is unenforceable it is unenforceable full stop and you do not have to wait for the agency agreement to come to an end.

    Leave a comment:


  • theartfullodger
    replied
    Originally posted by hudbry View Post
    .....
    The artful dodger:
    Lodger not dodger: I don't dodge..
    if the contract comes to an end in the 26th, and it moves into a rolling contract, then are you saying the terms and conditions would still stand?
    Please 1st tell us how/why you think contract comes to an end: Tenancies roll on, usually month-by-month, unless ended by tenant or court (almost...). How/why has your contract "ended" please (2nd time of asking...)


    I assume you are talking about an AST - if not please let us know..

    The terms & conditions the agent says you agreed to are very likely to continue beyond (eg..) the end of a fixed term: But sadly I can't read them from here: Could you tell us what they say about when they (the T's & C's not the tenancy contract..) end??

    Leave a comment:


  • hudbry
    replied
    I see. So I'd have to wait the 4 weeks before appointing someone else.
    I'm sure I'll be happy with the agent, however I just wanted to know my rights, in there hope of possibly negotiating further and to know where my boundaries lie.

    Leave a comment:


  • Mrs Mug
    replied
    The contract doesn't end on the 26th, only the Fixed Term of the contract ends on the 26th. As long as the tenant remains in the property, the contract continues.

    Leave a comment:


  • hudbry
    replied
    Lawcruncher: a little confused. Are you saying my agent's terms are unfair and that I COULD think of appointing another agent after 2 weeks.
    The artful dodger: if the contract comes to an end in the 26th, and it moves into a rolling contract, then are you saying the terms and conditions would still stand?

    Leave a comment:


  • Lawcruncher
    replied
    The provision is just the sort likely to be declared an unfair term unless it was specifically brought to your attention before you signed up and is phrased clearly in plain language.

    Q1: Whether it is competitive has to depend on what other agents in the area are charging.

    Q2: If the provision is enforceable, no.

    Leave a comment:


  • theartfullodger
    replied
    The tenancy contract may (you think...) end July 26th: It would be very unlikely that the agent's terms & conditions also end then

    In what way does tenancy "comes to an end"?? eg end fixed term, bailiffs turning up, tenant's notice expires etc etc etc???

    Leave a comment:


  • hudbry
    started a topic "Terms and Conditions" fine print query

    "Terms and Conditions" fine print query

    Hi there,
    I've been renting my property out for a while and now looking to sell.
    Having looked at my terms and conditions with my letting agent, it stipulates that in the event of wanting to sell the property, my letting agents are to be given 4 weeks as SOLE agents. Their fees are 1.5% of sale price. Questions:

    1. I haven't compared different estate agent fees. Is 1.5% competitive?

    2. The actual contract comes to an end on 26th July (2 weeks away). If I commit to telling the agent to go ahead with selling the property today, am I legally allowed to appoint another agent after 2 weeks (if I feel I can get a better price or rate elsewhere) instead of having to wait the full 4 weeks?

    Thanks.

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