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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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Ive been trying to get my house on the market for almost 2

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I've been trying to get my house on the market for almost 2 years, I own it jointly with my ex-partner who lives in the house. she has recently put it up for sale without my involvement, but has chosen the estate agent, accepted the marketing details and suggested sale price from the agent, agreed fees and signed all the paperwork on my behalf. There is a family connection between my ex and the estate agent and I am a little worried that they may try and stall the sale for another year or so. the price certainly looks on the high side.
I have asked for copies of all documentation from the agent but have been told that the terms of their contract mean that I dont need to be involved. What is my position on this?



Thanks for your question.


In order for an offer to be accepted both you and your wife would have to accept, so of course you need to be involved. You've got to get tough with them, demand to see the terms and conditions of your partner's agreement with them. If the refuse, instruct an agent or surveyor to put a value on the property to give you another professionals idea of whether this is sham marketing.


If it is and your ex-partner will not consent to the dropping of asking price or remarketing with a different estate agent (this time jointly) then you may have to make an application to Court for an order for sale at a more realistic price. You will obviously need evidence of the more appropriate valuation. Surveyors are the best form of independent valuation, they are almost beyond reproach.


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Kind regards,


Thomas and other UK Law Specialists are ready to help you
Customer: replied 7 years ago.
thanks Tom

i would have preferred an agent with no connections to either of us / or joint agents but my ex-partner has refused access to the property for valuation purposes in the past and i dont have a key.

however, can she actually instruct the agent by signing on my behalf?



Hi Alistair,


She can instruct an agent but he will only have contractual relations with her - she cannot contract on your behalf without your permission or authority.


If you do not have a key then I think you are going to have to instruct a local solicitor to write to them on your behalf, hopefully this will result in their active engagement and avoid the need for an application. If they don't comply then this may be your only option.


I should also state that this answer assumes there are no children involved.


Kind regards,