Switching estate agents and how to break a contract

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Switching estate agents and how to break a contract

We are the only way to truly sell your house online for free

  • We can help you sell in 28 days
  • No solicitor or marketing fees
  • Achieve full market value

According to Spectre, house sellers who switch estate agents are 34% more likely to achieve a house sale compared to those who don’t, with 12% also securing higher selling prices.

 

But isn’t it difficult to switch due to long-term contracts? Not necessarily. Many estate agent contracts can be broken, depending on the terms outlined. In fact, if your estate agent isn’t fulfilling their obligations, it could be considered a breach of contract, giving you grounds to switch.

If you’re thinking about changing estate agents, why not consider The Property Selling Company?

We can help you sell your home in as little as 28 days, covering all your selling and legal fees. With a network of over 3,000 pre-vetted buyers ready to buy, we can ensure a smooth, quick sale. Alternatively, we can list your home on Rightmove or Zoopla to give the open market another go, allowing you to reach even more potential buyers.

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How to break a contract with an estate agent

Switching estate agents while you’re locked into a contract can seem like a nightmare, but it is possible. In most cases, you may need to jump through a few legal steps before you can terminate an estate agent agreement. 

 

Here’s how you can legally break a contract with an estate agent in the UK:

The first step is to carefully read through your contract. Most estate agents impose a minimum contract period — usually lasting between 8 to 16 weeks, during which you may not be able to switch estate agents without incurring penalties. Be sure to check for specific terms related to termination and the required notice period, which is commonly 14 to 28 days.

If you signed your contract remotely (either online or via telephone), the Consumer Contracts Regulations give you the right to a 14 day cooling off period. This means that within the first two weeks, you can cancel the agreement without facing any penalties.

If your contract allows for cancellation after the minimum term, you’ll need to serve notice. This notice period is usually stated in the contract and usually ranges from two to four weeks. Make sure to submit your notice in writing and keep a copy for your records.

If the contract is complex, or if there is a dispute, you might consider seeking legal advice or use a solicitor to handle the termination. This would usually be a last resort, particularly if the estate agent resists ending the contract, or if they are adamant on imposing penalties for early termination.

 

In some cases, you may have grounds to cancel the contract without penalty if the estate agent has breached the terms of the agreement. 

 

For instance, if the estate agent has failed to provide the agreed services, such as a lack of communication or failure to meet the property effectively, you could be within your rights to break the contract. Document these breaches and communicate them clearly with the estate agent.

Are estate agent contracts legally binding?

Yes, estate agent contracts are legally binding. When you sign a contract with an estate agent, it becomes a formal agreement that outlines the responsibilities and obligations of both parties – the homeowner and the estate agent. 

 

This agreement forms the legal foundation for your house sale journey, defining key terms such as the estate agent’s commission, the marketing strategy for your home and the expected timeline for sale.

 

However, just because the contract is legally binding doesn’t mean you’re locked in with no way out. If you find yourself dissatisfied with your estate agent, there are several ways to legally break the contract, provided you follow the right procedures.

 

Similarly, if your estate agent is a member of The Property Ombudsman or the National Association of Estate Agents, and you believe they are acting unfairly or have breached the terms of your contract, you can escalate your complaint to these bodies.

 

Both TPO and NAEA can mediate disputes between homeowners and estate agents, potentially resolving issues without the need for legal action. They offer a valuable route for homeowners who feel stuck in an unfair situation but want to avoid a formal legal dispute.

Can I break my contract and take my house off the market?

Yes, you can break your contract and take your house off the market, but it depends on the terms of your agreement. If you successfully find a way to terminate your contract, whether through a cooling off period or by meeting the notice requirements, you are free to take your home off the market.

 

This gives you time to review feedback from potential buyers, make any necessary improvements, and relist your home later with a new estate agent or explore alternative selling methods at your own pace.

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Are there cancellation fees when switching estate agents?

Yes, there can be cancellation fees when switching estate agents in the UK, depending on the terms and conditions of your contract with the estate agent. These fees are often related to the type of contract you have signed and how far along you are in the process of selling your home. Here are the common scenarios where cancellation fees may apply:

The cancellation fees can vary significantly, and estate agents may charge for costs incurred during the marketing of your home, such as advertising or photography. In some cases, it can range from a flat fee of £100 to several hundred pounds, or it may be a percentage of the property’s listing price, usually between 1% to 3%. 

Can you change estate agents without spending money?

Yes, you change estate agents without spending money in certain situations, but it depends on the terms of your contract. Here are a few ways you might be able to switch without spending money or incurring fees:

 

  • Wait for the minimum contract period to expire: After your minimum contract period expires, you should be free to switch estate agents without paying a cancellation fee. But, be sure to give notice according to the contract.
  • Opt for a contract without a tie-in period: Some estate agents offer contracts without a tie-in period, meaning you can switch estate agents without having to wait for a minimum term or pay fees.
  • Negotiate an exit clause: In some cases, you can negotiate with your current estate agent for an early exit from the contract without facing a fee. If you are unhappy with their service, approach them directly and explain the situation.
  • No sale, no fee contracts: If your estate agent works on a no sale, no fee basis, you should be able to switch without paying anything, provided that you haven’t received an offer from a buyer they introduced.
  • Use the cooling-off period: If you signed your contract at home or online, in the UK, you have a 14 day cooling off period to cancel without penalty.

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Should you switch estate agents?

If you’re wondering whether you should switch estate agents, the answer often depends on the progress and quality of service you’ve received. If your home has been on the market for several months without any interest, it’s worth considering a change. 

 

Similarly, if your estate agent falls into one or more of these factors, then you should also think about changing estate agents:

The quality of estate agency marketing can significantly impact the sale of your home. Professional photos, clear descriptions, and floorplans are essential for capturing buyer interest. If your home listing looks dull, or the estate agent has failed to highlight its best features, you’re likely losing out on potential viewings.

 

Always review your listing, especially the first image, and ask yourself if it’s appealing enough to grab attention. A poorly marketed property is a clear sign it’s time to switch.

The way an estate agent conducts viewings can make or break a house sale. If your estate agent is unorganised, slow in arranging viewings, or shows a lack of knowledge about your home, they’re not doing their job properly.

 

A successful viewing should leave the buyer excited, not confused or unimpressed. If you’ve had several viewings without any offers, it could mean your estate agent isn’t reaching the right buyers.

Communication is king. If you’re constantly chasing your estate agent for updates, it might be time to move on. Poor communication can delay or even ruin a potential house sale, so you need an estate agent who is proactive and keeps you informed at every stage.

If your estate agent isn’t experienced in selling properties like yours, they might not have access to the right buyers. Look at the type of homes your estate agent is selling; are they in the same price range and area as yours? If your home is out of sync with their listings, it could be a sign that you should find an estate agent more aligned with your housing type.

Momentum is important when you sell a home. If your estate agent isn’t proactive, whether it’s arranging viewings, suggesting changes to your listing, or reaching out to potential buyers, it can slow down the entire process. A proactive estate agent will suggest solutions to any issues that arise and keep the sale moving forward.

When should you change estate agents?

Ideally, you should reassess your estate agent’s performance around 8 weeks after instruction. By this time, the signs are usually clear – if your estate agent has generated much interest and is difficult to communicate with, it’s unlikely things will improve.

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Is it a good idea to change to an estate agent?

It’s no secret that you need a good estate agent to sell a house smoothly. But what happens when your estate agent isn’t delivering the results you need? If you’re feeling frustrated or believe a change might help you achieve your selling goals, it may be time to consider switching estate agents.

How to tell an estate agent you’re leaving

If you’ve dedicated yourself to part ways with your estate agent, it’s important to provide written notice of your intention to end the contract. You can do this via email or letter, and be sure to include the date you wish the contract to terminate. 

 

You will need to check your contact for any details about your notice period, or any termination fees, which will need to be taken care of before you can leave the estate agent.

 

Your estate agent will then be responsible for taking your house off the market once the contract ends. It’s always a good idea to confirm this step with them to avoid any confusion or delays in relisting with the new estate agent.

What estate agent should you switch too?

As mentioned earlier, switching estate agents can offer numerous benefits, from a fresh marketing approach and broader buyer network to improved communication and market expertise. If your current estate agent isn’t delivering the results you need, a change could be exactly what’s needed to get your sale back on track.

 

Before making the switch, it’s important to thoroughly research potential property selling companies. Review their track record, assess their marketing strategies, and make sure their approach aligns with your selling goals. 

 

However, if you’ve been on the market for a while, you might want to consider a faster paced estate agency. Online estate agencies like Sold, Strike or Purplebricks, even with “free” packages, may still take around 4 months to sell your home – which might be longer than you’d ideally like.

 

That’s where we come in! At The Property Selling Company, we specialise in helping homeowners sell their homes in as little as 28 days. 

 

We can help you achieve full market value and we’ll cover your selling and legal costs, ensuring a smooth, hassle-free sale that helps you break free from a stagnant market and move towards a successful sale without the usual delays. 

 

We like to describe ourselves as the UK’s first hybrid online estate agency, meaning that while we operate out of our office in Wetherby, near Leeds, our services have a nationwide reach. Our structure allows us to offer the personal touch of traditional estate agents combined with the convenience of an online service. 

 

We have dedicated Regional Managers who can visit your house to conduct in person valuations, and our team brings over 200 years of combined property experience to make sure you receive expert guidance and support throughout the selling process.

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