Already signed with an estate agent?

Sole agency

Don’t worry, you probably signed the most common of contracts and this is for them to be the ‘sole agent’. You are not an agent and nor are we. We are providing you with advertising space (just like a newspaper) to promote your own property and we do not intervene or negotiate in any way. So if you find a buyer via our website, you have not used another agent and therefore have not broken any contract. But, check carefully the details of what you have agreed to before proceeding. If there is a clause in the contract prohibiting you advertising your own property, then have it removed before signing.   If you find the buyer, the agent may still charge you for any advertising they did on your behalf and for their sale board, (if you let them put one up -  see paragraph below on Sale Boards).

If your agent has included any wording prohibiting you, a private person, from finding a buyer by marketing your property on the internet or in any other way, have them remove that clause before agreeing/signing. By restricting you in what you do, they are in effect changing the agreement to ‘sole selling rights’. They can’t ask you to sign one type of agreement whilst putting in place the restrictions of another.

'Sole selling rights' – these contracts mean just that. They and they alone have the right to sell your property. Even if it is you who finds the buyer and does all the work, you will still have to pay the estate agent’s commission.

'Ready, willing and able purchaser' - not used often but be aware of their existence. This sort of contract means that if the agent finds a buyer who is prepared and able to make the purchase and to exchange unconditional contracts, you will have to pay the commission, even if you ultimately withdraw from the sale for whatever reason and the contracts were never exchanged.

For more information on using an estate agent, contact the Office of Fair Trading for their publication 'Using an Estate Agent to buy or sell your home' product code OFT157. To order publications telephone 0870 60 60 321 or check out their website www.oft.gov.uk for information.

Sale Boards
A large proportion of houses are sold to people who were first attracted by a sale board.   If you choose to use an agent as well as marketing your property yourself, don't give up this wonderful sales aid by allowing the agent to put up their board.   It is not compulsory and you would be giving up a golden opportunity of selling yourself.  Use the board we would supply you showing your contact number and if you are contacted directly by someone the agent hasn't passed onto you, then there can be no confusion as to who sold the house.