House withdrawn from sale without my consent or knowledge,where do i stand?

Question

Hi, my house has been for sale since last year with a high street agency and i am aware that they arranged a visit with someone in June of this year, since then i hadnt heard anything. Upon contacting them for an update last week i had to chase for a response 5 days later, when i did get a response i was advised that they were no longer marketing it. Obviously angry i asked who withdrew it and i was told that they understood a former employee removed it as it was thought i had requested it to be so.

Needless to say i hadnt and in my mind they have broken the terms and conditions as surely they should provide written confirmation and returned my door key. They also refuse to present me with any copies of my written termination which i would have had to provide if it was me terminating them.

What redress do i have? I fear i would have to pay a HIPs charge if i sell elsewhere yet they have caused me a lot of distrust and lack of confidence in them. Am i wrong? can they do this? should they pay any compensation as i had been under the belief my house was being marketed but obviously it hasnt.

Grrrr!

Nat.

Answer 1

I bet they are going under...it ain't a good time for house sellers...or estate agents!

Answer 2

Within your contract there should be a stipulated amount of time for agency representation. That being said, if this time has expired, you will not be held responsible for paying out to the agency that you contracted with. You could file a complaint through the National Association of Realtors/  Board of Realtors, which could cause the listing agent to fork out some money for fiduciary irresponsibility for one reason or another, but the contractual agreement is voluntary on both parts. Hope this helps!

Answer 3

If they are members of the Royal Institution of Chartered Surveyors, you could make a complaint to the  RICS Professional Standards Department. You can tell by whether or not they have the RICS logo on their stationery or displayed outside their premises. Otherwise you can complain to the Ombudsman for Estate Agents Scheme, which all estate agents are required to belong to as from June 2007. http://www.homeinformationpacks.gov.uk/i... Unfortunately, both are overwhelmed with complaints, estate agents being what they are.