Estate agent selling house not instructed to

[PringlesQueen]

My grandmother recently died.
We had three estate agents around to measure up and give a valuation. We decided to go with just one agent as use this as the sole agency.
We we horrified to see that today one of the other two agencies has put one of their 'For Sale' signs up outside the house and are actively marketing the house on their website.
We have given no instruction to this estate agency to do so,
We have today written them a letter asking them to remove their For Sale sign and website advert and have asked them to explain their actions.
Legally, can an estate agent do this?
Any advice would be much appreciated.

[redcrx]

are you sure that nothing has been said?
it may just be an honest mistake by the agent, perhaps they thought you had agreed verbally and the paperwork is waiting you signature.

Why have you written to them and not phoned though?

[PringlesQueen]

Definately not a mistake by the estate agent.
The house is in probate and our solicitors had to provide documents stating we could sell the property (sorry should have mentioned that in the post).
We felt a letter would get a better response rather than some flimsy verbal excuse over the telephone. I prefer paper trails rather conversations that can be misconstrued or denied.

[redcrx]

yes, but a phone call could get the sign removed and the property off website immediately and then you could follow it with phone calls.

could anyone else have authorised it to be sold via the agents?

i dont see how you know its definately not a mistake

[Hopkirk]

Why not take the sign down yourselves? I know this doesn't get it off the website, but it's a start.

Perhaps walk into the manager's office and give him the sign back.

[PringlesQueen]

Thanks for the answers.
The solicitors have not instructed anybody else to sell the house (we checked).
Will ring the estate agents in the morning and ask them to explain themselves.
Good idea about removing the sign, but I'll probably get charged with vandelism by the estate agents!

[Hopkirk]

If it's up on land that is not theirs without permission, they could do nothing if you took it down, surely.

[fredpuli47]

Times must be hard ! A famous London estate agency was notorious for doing this. As soon as they got wind of a property being for sale they'd send someone to put up a 'for sale' sign. If they got an offer they'd go to the owners and persuade them to sell through their agency. Often the owners would agree.At least your agency had been approached by you, though not instructed. That firm didn't bother with even that much.
Take the sign down. It's been erected by a trespasser and without youir consent.

[joko]

i would let them carry on...if an when they get interest, just get the client details, then bypass the agents...tell them straight that they have wasted their time

it will make them think twice about trying this again - if it isnt a mistake

[Whickerman]

We had an agent here at our house with two buyers in the car... the house has never been for sale. Not only did they market it they honestly were flabbergasted we didn't want to sell!

[trt]

I like joko's idea!

[AlBags]

Clever ... But the client details would come 'from' the selling estate agent ..
Free advertising to a degree tho.
They are not going to prove you instructed them, so why not!?

[Charlie911]

The 'other' estate agents are just doing this as a form of advertising. If you do leave them as someone suggested shall I tell what will really happen? The other agent will say this, and he's not breaking any laws, "I believe there's an offer going through on that... but we do have this one....." There are all a load of bankers!

[PringlesQueen]

Sadly no mistake made.
Cannot believe this has happened. Grrr.
This whole event has made me see estate agencies in a different light.
I will be taking this matter further with the ombudsman.