Selling home - dispute wth estate agent

[richrhondda]

Morning all,

We decided to move back in the summer due to my CP's job relocation so I set about getting agents around to value the house. I got three out and possibly against my better judgement, went for the one that gave me the top valuation. A neighbour also used them and advised me not to as the service was so poor, but I didn't listen.

I signed a 16 week sole agency contract on 05/08/2011. The contact itself is VERY short, it's only a few paragraphs and doesn't contain anythin about what they will do to sell the house. One paragraph in particular was about a £50 withdrawal fee, and I asked about this before signing the contract. I was advised by the agent that this wouldn't usually be requested if I was to terminate at the end of the initial 16 week period.

3 weeks later and although the sign is up, the online listing is missing all the detail, plus it's not listed on all the websites shown in their promotional material. The listing on their own website is fixed after I complain, but I still have to phone every week to chase up being listed on PrimeLocation and FindaProperty.com.

I called a few weeks ao and said that if the listings were not sorted out within a week then I would reconsider my position. A day later and everything was fixed, only to be broken again in another week. Really annoyed at this point I tried pining but could never get to speak to the agent, and my calls aren't returned.

At the start of this week I sent them a latter explaining that due to the problems I would not be renewing the contract at the end of the initial period and as per their terms and conditions expected the contract to end on 25/11/2011. I received a reply confirming that it would take 15 days for them to remove me from their register plus that a £50 admin fee is payable.

Further to this, I have noticed that they have removed my listing over two weeks early, and was informed by a friendy neighbour that the sign has been taken down as well. I'm not happy about paying an admin fee for such terrible service, but I'm more concerned with the fact that they have a set of keys to the house. I want to collect these on Monday, but I get the feeling that they won't hand them over until I pay up.

Can they do this? In my mind they have now breached the contact. If they refuse to give me the keys can I call the Police, or would it still be considered a civil matter?

Thanks,

Rich.

[labman]

Re: Selling home - dispute wth estate agent

I would go in and ask for the keys on Monday. The keys to your own house being returned to you and them trying to reclaim their £50 are two separate issues and should be treated as such.

If they are awkward, then post up again and we'll take things from there.

Are they a member of the NAEA? If so I would complain to them as well about your dis-satisfaction. From what you have said, there is absolutely no way I would be paying them the £50.00.

[richrhondda]

Re: Selling home - dispute wth estate agent

Thanks for the reply. It doesn't look like they are a member, but they are signed up to the Property Ombudsman.

I shall be calling them again in the morning to say I am on my way to pick up the keys (it's over 3 hours to drive back). I'm just hoping that they don't attempt to withhold the keys until I pay them their admin/exit fee.

Once I have the keys I'm content to complain about their service in writing, but I don't want to really go down that route until I know the property is secure and fully n my possession again.

Again, if they do withhold the keys, wold I have the rot to call the Police out? I'm pretty sure that they would be breaking the law somehow but want to make sure my argument is cast-iron before calling them out.

[labman]

Re: Selling home - dispute wth estate agent

Assuming there is nothing in the contract to say they must have a set of keys, then I think you would be within your rights to call the police. At the end of the day, I think if you go to call the police they are unlikely to want the publicity.

[richrhondda]

Re: Selling home - dispute wth estate agent

Assuming there is nothing in the contract to say they must have a set of keys, then I think you would be within your rights to call the police. At the end of the day, I think if you go to call the police they are unlikely to want the publicity.

Thanks labman. The terms and conditions on the contract take up less than half a page of A4, and there's nothing in there about keys being required. I only gave them a set as the property would be empty and due to the travelling distance it made sense for them to be able to gain access to conduct viewings.

I'm hoping as mentioned earlier that they will hand over the keys without problem, but if they don't, I don't want the Police to say this is a civil dispute and walk away without intervening. I'll let you know what happens tomorrow. In the meantime, thanks for the advice so far.

[labman]

Re: Selling home - dispute wth estate agent

I would have thought if they have your house keys and are refusing to return them it is theft. The police unfortunately are very unpredicatable in this sort of thing and may say it's civil, but my take would be that it is not. The issue over the £50 is then for them to enforce separately.

[richrhondda]

Re: Selling home - dispute wth estate agent

I've just called my local PCSO to ask her advice, and after checking with her colleagues she believed that the matter of withholding the keys would still be a civil matter. It was her suggestion that the payment is made and then covered through the court system, but she did say that she would let the PCSO in the estate agent's area know and to possibly expect my call. She also said that they would obviously respond if I called.

It's a bit disappointing as I think that withholding the keys is not a civil matter, we shall see.

[richrhondda]

Re: Selling home - dispute wth estate agent

I got the keys earlier today without any problems. The owner, who appeared to be avoiding me, seemed a bit surprised to see me but handed the keys over. As there were others in the agents I didn't raise the admin fee then, I'll do that later by letter.

Thanks for all the advice.