Essential protection you need when you sign up with an agent to sell your home

What happens if you engage an agent to sell your home—then find they’re not delivering what they promised?

Most agents will ask you to sign a fixed 60, 90 or 120-day Exclusive Authority contract when you appoint them to sell your home. This means that by law you must pay them the specified sales commission, if your home sells within the period of that Authority—even if they didn’t perform their task to your satisfaction.

Under this arrangement you’re stuck with the agent you signed the Authority with, even if you don’t get the service you expected. You won’t be able to appoint a different agent to work for you until the full 60, 90 or 120 days have run out – and that could put you in a bind – “locked-in”, at the mercy of the agent, and with almost no control.

The Authority you sign with Whale & Co., however, contains the following clause:

“The Exclusive Authority period will commence on the date this Authority is signed and continue until the property is sold. The Vendor has the right to terminate this Authority at any time prior to the property being sold by giving written notice to the agent. In the event that the Vendor terminates this Authority the vendor agrees to reimburse the agent within 7 days for any advertising costs the agent has expended on the vendor’s behalf.”

This means you still retain complete control over the sale of your home. You’re not “locked-in” – and that’s the way it should be!

So if you intend to sign an Authority with an agent other than Whale & Co., you may wish to consult your solicitor and arrange for the above “exit” clause to be inserted in the agreement. This clause should not be a problem to an agent with integrity. After all, they’ll understand you can’t be expected to let someone else do virtually as they please with the sale of such a major asset as your home. If an agent does object to this, you might want to reconsider, and perhaps look for another agent.