I contacted Brearley Greens In June 2011 to help me sell my property. Richard called round and took some photographs and sent a letter which says "Our fees for the sale would be 1% of the price realised plus outgoing expenses and VAT as discussed. A budget would be agreed to cover the cost of advertising and we would have to discuss advertising procedure prior to the property being marketed." They send the contract, which uses complicated jargon and refers back to clauses etc. The marketing budget was never discussed and Richard placed three adverts without our consent in November (not the best month to sell) This cost me £350.00. After 9 months, we had only had three viewings and these were just "token" viewers. Richard just keeps telling me that the market is poor and they can\'t sell houses. I agree, they can\'t. I decided to use another agency who only charge if the house is sold. I contacted Brearley Greens and they are charging me £180.00 to withdraw from their "services". I have read the contract and it says ....
If this Agreement is terminated before an exchange of contracts for the sale of the Property and providing the sale of the Property does not, following termination of the Agreement, proceed to exchange of contracts to a purchaser identified during the period of the Agent\'s Sole Selling Rights and /or introduced by the Agent (or if the Property fails to sell at auction and does not subsequently proceed to an exchange of contracts as set out above), you (the Vendors) will not be liable to pay the Agent\'s full remuneration calculated in accordance with Clause 3 but instead will only be liable to pay the sums set out at 4.1.1 and 4.1.2 below, within fourteen days of you (the Vendors) serving written notice of termination on us (the Agent) or within fourteen days of written notice of termination served by us (the Agent)-
4.1.1 the out of pocket expenses incurred by us (the Agent) as described in Clause 3 above and
4.1.2 a sum of money towards the costs of professional and ancillary work involved in booking the Property and attendance for viewing and other purposes, based on a pre-estimation of loss incurred by termination, amounting to £150 plus Value Added Tax at the prevailing rate at the date of invoice.
This means that, if you are not happy with the way Brearley Greens are performing and you want to use another agent you will have to pay them £180.00 to get rid of them. I\'m not surprised they don\'t put any effort into selling houses, they are earning enough money from advertising and termination fees. I am going to speak to the property ombudsman in an attempt to get them to simplify their contract and to actually tell people what the expenses will be.