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Terminating a contract with an estate agent.

My mother, myself and my brother jointly own a property; my brother and I plus a solicitor on behalf of our mother had to sign a contract with an estate agent to market the property, Our elderly mother is represented by a solicitor with a lasting power of attorney over her financial matters. The performance of the estate agent has been unsatisfactory on too many levels over many months. With full support of my mother, I have instructed the same solicitor to terminate the contract, but he refuses to do so with out his and the other son being in agreement. Can one son or the solicitor alone terminate the contract or do all contractual parties have to agree to terminate the contract?

Asked on Dec 7 2016, Selling in Yorkshire and The Humber | Report content

Answers (2)

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  • You should probably check with another solicitor but it would seem that, if all of you have signed the estate agent´s contract, termination would require all of your signatures as well. How long do you have left with on the contract and is there a clause that restricts you from marketing the property with another agent simultaneously?

    Answered on Dec 8 2016, Report content
  • I would think all parties would at least need to be in agreement or a majority. I would suggest your mother expresses her wishes directly to the solicitor pointing out why and the reasons of the poor performance of the agent will have a direct impact on the sale of the property! We recently had a case where a seller wanted to sell but their POA tried to block it. I would also suggest looking at changing your mothers POA

    Answered on Jan 5 2017, Report content

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