Sole mandate:agent dragging his feet

[The_Ogre]

So we're in the process of selling our house to move closer to work and the kids' school.

Out of ignorance we signed what turned out to be a sole mandate.

Question
1, Am I now unable to sell to a friend whom I trust financially, who's interested, but didn't know at the time we approached the agency?
2. How do I get rid of this agency?
3. We have approved plans for changes we intended to make, but subsequently chose to move. Would this be an issue?
4. I had the intention to fix some minor things (cracked tiles, kitchen cupboards looking a bit worn. Can I put in a clause to state I'm selling as is?

This agent was recommended to me by a friend, but he's useless!

 

[IzZzy]

Depends on the terms - read them. If you can fire the agent for non-performance, then do so.

If you didn't exclude the potential buyer then I am sure the agent terms would "deem" them to be the effective cause of that sale. So either wait until the term expires for the friend to put in an offer, or lawfully terminate the mandate.

You're free to craft the offer you want - tell them you'll give them the plans or they can buy it if they want. It's fine to sell voetstoets but any buyer would discount the price to make up for the cost + effort to fix the various items.

 

[Venomous]

Read the contract it is likely to auto-renew for 180 days. In form the agency now in writting that at the end of the contract it is to be considered cancelled as you wish to open it to other agents if not sold yet. And that you will after that only pay commission to whichever agent that sells it.

Dont tell them about your friend . . .

 

[saturnz]

in 2017 one would think people would have stopped using estate agents to sell property

 

[reactor_sa]

Madness that people still using agents in this market. I'm selling privately and I've reflected the savings in my list price. Then I see other houses in the area dropping to the same price but with agents, those poor sellers taking away R100k less on already ridiculous low prices.

 

[FlashSA]

So we're in the process of selling our house to move closer to work and the kids' school.

Out of ignorance we signed what turned out to be a sole mandate.

Question
1, Am I now unable to sell to a friend whom I trust financially, who's interested, but didn't know at the time we approached the agency?
2. How do I get rid of this agency?
3. We have approved plans for changes we intended to make, but subsequently chose to move. Would this be an issue?
4. I had the intention to fix some minor things (cracked tiles, kitchen cupboards looking a bit worn. Can I put in a clause to state I'm selling as is?

This agent was recommended to me by a friend, but he's useless!

1) As long as your friend has not been in contact with the sole mandate agency regarding your property, friend can give you an offer 1 day after current sole mandate expires. Make sure no auto renew clause exists in the sole mandate.
2) You can't for now. Let the clock wind down on the sole mandate THEN wave bye bye.
3) Show the plans to interested potential buyers. Approved plans are valuable to buyers as you may have had drawn what a buyer feels is missing and saved them thousands in architect and municipal fees.
4) If you decide not to make good, leave it be. If it is in plain sight, then it is the buyers problem. You will have to complete a sellers declaration as part of an offer to purchase you receive: declare any issues which are not in plain sight so that you are covered on the day the buyer gets the keys and goes bef*k over a broken tile he/she says was not like that.

Recently sold my house with transfer scheduled for end of this month.

 

[Venomous]

You can cancel a sole mandate, in writing (20 business days if after the cooling off period - RE/MAX will give you a service guarantee and cancel immediately should you so wish). Unless it is an Exclusive mandate, you as owner can still sell to your friend or anyone you choose, as long as they did not contact your mandated agent first.

3. The current house layout and the current registered plans need to match exactly, future approved additions and plans will not make a difference to current market value.

4. Yes, you can sell in an "as is" condition, however declare ALL defects in writing and attach to the offer to purchase for sign off by all parties. (a clear video as backup is also a good idea.)

An agent is indispensable, do your homework, and source a reliable, ethical and honest agent, they do exist.

Reliable Port Elizabeth Agent:
Eugéne Ceronio
076 162 1686
Www.facebook.com/EstateAgentPE

You should change that to: Reliably Slow Port Elizabeth Agent....






(hint: read the dates...)