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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 18726
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My ex-wife and I have a house for sale. The house was overvalued

Resolved Question:

My ex-wife and I have a house for sale. The house was overvalued by over £50,000 but I was forced into trying to sell at this price and with this estate agent by the courts. I agreed a 10 week contract with a 2 week notice period. I signed the contract and a week later my ex signed her separate contract. The property went on the market after she signed as it needed both parties agreements to be sold. I went back to court and got an order stating that if it did not sell by a certain date she had to allow 2 estate agents of my choosing to enter the property and give valuations. These were done and they were as expected considerably lower by about £50,000. Now my contract with our estate agents has expired and I gave them 2 weeks notice to withdraw it from their books. They contacted me to say they would not remove it until my ex also agreed to this. I explained I had a separate contract and that contract has effectively expired (or will when notice period expires). Regardless of her contract, I withdraw my consent for them to sell and I have fulfilled by contractual obligations with them and no longer authorise them to sell on my behalf. I have let them know that I do not agree to them marketing or attempting to sell my property or allowing anyone to view (though the chances of this are slim at the current price). They more or less said they have a joint contract, but I signed no joint contract. They said that me signing my contract and my ex signing another separate contract still qualifies as a joint contract. I wholly disagree, nothing in my contract states any joint conduct details.

My questions are:

1) Can they legally sell my property after the notice period has expired even though I have given them notice to terminate?

2) Can signing 2 separate contracts be deemed as a joint contract requiring both parties authorisation to terminate it?

3) I am legally justified in requesting that the selling of the property stops when my notice period expires?
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Stuart J replied 11 months ago.
Why have you withdrawn your consent to sell?
Customer: replied 11 months ago.
Firstly because when i challenged the estate agent over the price, he was rude and said the fact I was challenging him was pi**ing him off and he knew my ex had a court order to sell with him, so my opinion was not relevant and because they know the property is overpriced and though now after many challenges and comparisons i gave to him, he agrees it needs to come down, my ex will not agree and we are not back into court until end of June. Leaving it on the market at this price is more detrimental than removing it. I believe it needs a new and ethical marketing approach.
Expert:  Stuart J replied 11 months ago.




I think the agent
might be a bit of an idiot and needs to read some better law books.

They can only
sell the property if you both agree. In any event, unless you sign the
contract, the property is not sold!



Provided
agreement with the agent has come to the end of its time, you can give notice.



I assume that the
court order does not specify this agent is to be used.



Two contracts
which are separate can be deemed as joint but one party can authorise
termination.



The agent is
bound by your instructions unless there is a court order to the agent.



If there is a
court order in existence for it to be sold at higher price, you breach the
court order by removing it







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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 18726
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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