Sometimes we just don’t get the best service or we are not happy with the communication and support that a company provides and you may find yourself asking ‘Can I change my estate agent?’. We all have a right to feel this way especially if the company we are paying are not great at their job. But, many of us feel trapped in these kinds of situations which leads to ongoing concerns and unnecessary worry.

In the estate agent industry, there are many companies trying to win your business and this makes it difficult to choose the right agent for your needs. So, it is worth taking time before choosing an estate agent to market your property. We would always recommend meeting the agent face to face and learning more about them including their experience and their approach to marketing and selling your home.

We love meeting new clients face to face and getting to know them and learning what they want to achieve in terms of their property needs. To us, it’s not just about selling a property, it’s about helping people find their dream home and making that journey as easy and as stress-free as possible. We are not one of these agents that just take some photos and then upload your property to Rightmove or Zoopla and then that’s it, we are there every step of the journey.

You should also find out what accreditations the agent has as this will show their commitment to the industry and to you as their client. One of the leading accreditations for residential sales is the Propertymark NAEA membership which proves the commitment of the agent in terms of quality and assurance. You should always ask if your property agent is a member of NAEA as this will protect you by ensuring the highest levels of service.

So, let’s look at what can be done if you choose the wrong agent and are not happy. The first question you may have is ‘Can I change my estate agent?’.

The simple answer is yes, you can, although a lot depends on the type of contract you have with that agent. At Leanne Kent Property we pride ourselves on not locking you into long contracts. In fact, we won’t tie you in at all which gives much relief to our clients as the last thing they want is more stress of having a lengthy contract. It is such a dated concept for estate agencies to tie people into long contracts and actually, it should be a warning sign that the agent doesn’t have your best interests at heart.

Many agents will have eight or twelve-week contracts and even when that contract has ended, they still may be able to charge you if they introduced the buyer during the period of their sole agency agreement. This means you could be charged double commission if you have a new agent but your actual buyer was previously introduced by the agent you have left or are leaving. This is why you should ask for advice if you are looking to change your estate agent due to poor service provision. We will be able to talk you through what the situation is and how we may be able to help you avoid the pitfalls.

If you are looking to change your estate agent for any reason then the first thing to do is to speak with one of our team so we can view your existing contract to see how we can help. If you are able to exit your contract then you would also need to request a list of people that were introduced by your former agent and who may have viewed your home. This is because if the person that makes an offer on your property was introduced by your former estate agent, then they may be able to claim their fee or commission, even if the offer is made outside of the sole agency agreement/contract. This is why it is important to get our advice.

If your contract states that you would be liable to pay their fee if someone originally introduced by them purchased your property, whether privately or through another agent, then you should ask that agent for a list of names of those introduced. If they cannot provide a list of names then it is difficult for them to prove that they introduced the person. We recommend asking for this list once you have accepted an offer from the buyer.

The Property Ombudsman’s Code of Practice is clear that if you terminate your contract with an estate agent, the agents must explain clearly in writing any continuing liability the seller may have to pay the agent commission. They must also highlight any circumstances the seller may have to pay more than one commission fee. And that this explanation must include a list of parties that the agent has introduced to your property. So, the list from the previous agent is important otherwise there is no real link between them and your potential buyer.

In a recent case concerning Foxtons vs Hamptons (2008), it was ruled that the fact that an estate agent might have first shown the property to your buyer does not automatically entitle the estate agent to claim the fixed fee or commission for that sale. This particular case found that the estate agent must be the effective cause of the purchase and have made the most effort to market and sell your property in order to win the commission. So, if you believe that any new agent you use has done more to sell your property then this helps counter any claim by your initial agent.

As you can see, it is a difficult situation and the first step would be to speak with one of our team to see how we can help you change your estate agent. Remember, you may want to change due to bad customer service, lack of communication and updates, bad marketing and generally bad service. If you are paying a high commission of 1% plus then you don’t deserve to feel like you have made the wrong choice choosing the wrong estate agent.

If you want a realistic low-cost fee to market and sell your home professionally by an NAEA-accredited estate agent and you would prefer not to be tied into a lengthy contract then come and speak to a member of our team. Our competitive fixed fee of £1495 including VAT and our zero-week contract can make all the difference. We also ensure quality service comes as standard.