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  1. #1
    Join Date
    Jan 2005
    Location
    North Shore, auckland
    Posts
    774

    Default How to cancel a contract

    Can somebody please tell me how you cancel a contract with the Real Estate Agent, they are telling me i have to get my solicitor to inform them via fax - and i don't think i need to involve the solicitor in such a menial task that can be done by myself. Is a fax cancellation from myself sufficient enough.

    Sorry if this has already been asked.

    Shazza

  2. #2
    Join Date
    Nov 2005
    Posts
    3,287

    Default

    Quote Originally Posted by Traff View Post
    Can somebody please tell me how you cancel a contract with the Real Estate Agent, they are telling me i have to get my solicitor to inform them via fax - and i don't think i need to involve the solicitor in such a menial task that can be done by myself. Is a fax cancellation from myself sufficient enough.

    Sorry if this has already been asked.

    Shazza
    Hello traff,

    With a sole agency it is very difficult, almost impossible, legally to cancel the agency contract unilaterally.

    When the sole agency expires and a general agency exists, usually all that is needed is for you to cancel the agency in writing (often with conditions as should be outlined on the agency agreement).

    You do not need to have a lawyer do this. A fax to the agent's office should suffice.

    xris

  3. #3
    Join Date
    Jun 2005
    Location
    auckland New Zealand
    Posts
    5,238

    Default

    If you are terminating an S&P that is conditional you can do nothing but normally you would get your solicitor to fax the vendors solicitor that the contract is at an end.

    If you are talking about a listing with an agency then that expires automatically but most of them have a 14 day after expiry clawback so if you get a buyer within 2 weeks and they can prove the buyer came from their advertising they still are due their commission
    Last edited by Dean@Massiveaction; 10-02-2007 at 11:53 AM.

  4. #4
    Join Date
    Jan 2007
    Location
    Napier
    Posts
    36

    Default

    can i ask, don't you like them or just deciding not to sell yet?

  5. #5
    Join Date
    Nov 2005
    Posts
    3,287

    Default

    Having read pooombah's post I realise I must have misunderstood your post's intention.

    If it is a S&P, get your lawyer to do it because there are many variables to each contract and condition, and so one simple answer to your question is not possible.

    If you are talking about an agency agreement then do what I say above. To clarify a couple of Dean's points below...

    If yo uare talking about a listing with an agency then that expires automatically but most of them have a 14 day after expiry clawback so if you get a buyer within 2 weeks and they can prove the buyer came from their advertising they still are due their commission

    Usually, the agency does not expire - ithe sole merely turns into a general when the sole expires. But, an agency still exists. The important point here though is that you can cancel the general agency, whereas you could not cancel the sole ageny.

    The 14 days clause mentioned is probably a misunderstanding of that clause. It will probably relate to an agent's right to continue negotiations with a buyer for a short time after the cancelation of an agency, thus preventing the buyer/another agent from taking over the negotiations and denying the first agent a commission he should in fairness be entitled to.

    If a sale occurs to a person introduced by an agent during a sole agency then a commission is due to that agent, whether or not the agency has expired.

    Each contract differs slightly but these comments are generally what the situation is.

    Sorry Dean, but I think it is important that people are not given incorrect advice.

    Traff, buy me two cups of coffee if you want but don't worry because I won't expect them nor will I invoice you - the advice offered is free and is merely my opinion which you can take or leave as you see fit.

    xris
    Last edited by xris; 10-02-2007 at 11:55 AM.

  6. #6
    Join Date
    Jan 2005
    Location
    North Shore, auckland
    Posts
    774

    Default

    Sorry guys, I meant that i have an S&P with 10 days due dil which is up on Wednesday and i don't want to pursue. The Real Estate agent is telling me my solicitor must fax to cancel the contract - does this have to be done or can i do it myself. Sorry for the confusion

  7. #7
    Join Date
    Jul 2005
    Location
    Brisbane
    Posts
    1,309

    Default

    Hi Shazza
    not sure what the wording is but most clauses say something like
    "may terminate this agreement by notice in writing to the vendor or vendor's solicitor"

    In other words - you can do it. You simply need to say that in accordance with clause number whatever you do not wish to proceed any further and that this agreement is now at an end.

    Cheers
    Jo Birch
    Looking for someone to manage your next project or event? Then call now!
    +61 450 148 678

  8. #8
    Join Date
    Jan 2007
    Posts
    91

    Default

    i cancelled an S/P by sending a written letter in the post to the vendors last year as I did not want the hassle of visiting and paying a solicitor to do it
    - it worked out ok for me in that instance

  9. #9
    Join Date
    Jan 2005
    Location
    North Shore, auckland
    Posts
    774

    Default

    I thought that me doing it would be ok, but not according to the Real Estate. I will fax them tomorrow and let them know. Many thanks for your comments guys.

  10. #10
    Join Date
    Nov 2005
    Posts
    3,287

    Default

    Hello Traff,

    If it was seen as unnecessary I apologise for the tone in the above post, to you and to Dean.

    xris


 

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