Non CC Related But HELP - ADVICE PLEASE

Robbie · Post by **Robbie** » Fri Jan 17, 2003 12:59 pm

Actually Derek you spurred me on, I'm seriously thinking of calling in at their lovely beige carpeted Connell office with my muddy boots on to hand em back their muddy sign.

What do people think, yes or no?

Robbie.

Derek · Post by **Derek** » Fri Jan 17, 2003 1:17 pm

definitely - never thought of that - excellent idea

just the kind of thing that i would do

make sure you wipes your boots on their mat when you go in ....... oooops, was that your good carpet ?

Duncan · Post by **Duncan** » Fri Jan 17, 2003 1:17 pm

Seriously no

Don't wind them up ....... not just yet anyway. If they choose to they could make things nasty for you. By sacking them you have I would guess broken the contract with them. The could sue or at least threaten.

Alex LS · Post by **Alex LS** » Fri Jan 17, 2003 1:47 pm

Not if they broke the contract first. If part of the contract was to keep the house in good order, and they have gone against that, this could be a breach serious enough for Robbie to terminate.

Duncan · Post by **Duncan** » Fri Jan 17, 2003 2:44 pm

I don't have his contract in front, but I think it is unlikley to say "estate agent will not allow muddy feet in to property" or even " estate agent shall take every care to ensure proarty is in good condition for veiwing"

Robbie will have breached the contract but probably only if he employs an another agent or sells within the 8 weeks.

It is not a question of whether the contract was breached but wheather it was reasonable to do so. Opinion here is that it was I am not sure whether a court would see it the same way. Even if you win in court you still will have lost time and money.

Alex LS · Post by **Alex LS** » Fri Jan 17, 2003 5:01 pm

I don't have his contract in front, but I think it is unlikley to say "estate agent will not allow muddy feet in to property"

However, I'm pretty sure that the contract doesn't say "estate agent will not allow people to scribble on the walls" either...

Duncan · Post by **Duncan** » Fri Jan 17, 2003 5:09 pm

I bet there's an "estate agent isn't responsible for anyones behaviour" type clause.

Alex LS · Post by **Alex LS** » Fri Jan 17, 2003 5:13 pm

Sneaky buggers.

Robbie · Post by **Robbie** » Fri Jan 17, 2003 7:03 pm

lol - actually the contract is fairly simple it just basically allows them 8 weeks to sell the propery and 2 weeks notification of cancellation. It has no clauses that might leave the agent open to liability such as ensuring the house remains in good order. However just because that isn't in the contract doesn't make them under any less of an obligation to ensure the property is in the condition of how they found it.

I felt it not unreasonable to break the contract after they had caused quite a lot of damage to the property and to prevent further damage occurring. I calculated that the agents like myself wouldn't want to go to the time and trouble instructing solicitors over such a matter at least that is what I impressed on the salesman who rang back to threaten me with the contract.

Bloody Estate Agents I hate em.

Robbie.

Duncan · Post by **Duncan** » Fri Jan 17, 2003 9:52 pm

Quite agree

I would guess Conells or their staff would be members of NAEA

They have a code of practice...although its not obviouly published on NAEA webb site. You can also complain to the NAEA.

If you feel vengeful acomplaint would cause annoyance although the agent would have to exhaust their intenal complaints proceedure before it went to the NAEA.

Michelle · Post by **Michelle** » Sat Jan 18, 2003 8:51 pm

Actually Derek you spurred me on, I'm seriously thinking of calling in at their lovely beige carpeted Connell office with my muddy boots on to hand em back their muddy sign.

What do people think, yes or no?

Robbie.

It's naughty but I would be seriously tempted!!! Hope you get everything sorted out.

Robbie · Post by **Robbie** » Sun Jan 19, 2003 9:34 pm

Thanks

Robbie · Post by **Robbie** » Mon Jan 27, 2003 2:05 am

Well I resurrected this thread to post the happy ending it needed.

This is for those who read my gripe at the old Estate Agents, Connells, I sacked after they damaged the house I renovated.

I gave the contract to Hunters Agents last Thursday who were both curtious and on the ball.

Next morning they sold it to the first viewer, a little old lady in her eighties with a zimmer frame (no, honestly I'm not joking) for the full asking price.

I only hope the old agents drive past the sold sign pretty soon

Robbie.

Derek · Post by **Derek** » Mon Jan 27, 2003 6:10 pm

good news

Robbie · Post by **Robbie** » Mon Jan 27, 2003 7:23 pm

Yes, it paid for my SLK