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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I signed an Estate Agents Agreement in my home am I right

Customer Question

I signed an Estate Agents Agreement in my home am I right in thinking it should have contained a seven day cooling off period? He also failed to send me a copy of the agreement.

Les
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Under the Distance Selling Regulations any contract, which is largely negotiated or concluded away from trade premises gives you a seven day cooling off period.

The seven days runs from when you get the agreement.

Does this answer your question?

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Customer: replied 3 years ago.

I think as people viewed the house last year you could say I had accepted the contract. My point is I should have been informed at the time in the contract that I had a seven day cooling off

Expert:  Stuart J replied 3 years ago.

It is a statutory right.

Are you saying that you didn't cancel it because they didn't tell you, there was a cooling off period ?

Customer: replied 3 years ago.


No I am saying that had I seen sole selling rights I would have changed it to sole Agency

Expert:  Stuart J replied 3 years ago.

I'm sorry, can you please explain, because they amount to the same thing.

Did you not read what you were signing?

Sole selling rights, sole agency, is nothing to do with a seven-day cancellation.

I really need to know what you are getting at and what you want to achieve.

Customer: replied 3 years ago.


Good point I am probably asking two questions. Because the Agent refuse to negotiate a reduced fee we have both taken to the trenches and put our helmets on. I am at the point of saying I do not wish to pay you anything. If this amounts to two questions I will pay you

Expert:  Stuart J replied 3 years ago.
Leave it as one post but two questions. Lets start again. What are the questions in detail please?
Customer: replied 3 years ago.

thank you for your patience. This is harder than I thought. I wish to reject the agreement and not pay the agent. I would not have signed up to any contract when the agent now informs me that there is no time limit when he would be unable to claim commission because its on a Sole Selling Rights. I thought I was signing up for sole Agency which would normally have a six month clause for their fees. Therefore any mistakes he(the agent has made) in drawing up the agreement I see as saying the contract is invalid. Someone has suggested the term "consensus Ad Idem". which I have been told means meeting of the minds.

Expert:  Stuart J replied 3 years ago.



Okay, let's do this in two parts.

Under the Consumer Protection (Distance Selling)
Regulations 2000 http://www.google.co.uk/url?s a=t&rct=j&q=Distance+selling+regulations&source=web&cd=1&cad=rja&ved=0CC8QFjAA&url=http%3A%2F%2Fwww.legislation.gov.uk%2Fuksi%2F2000%2F2334%2Fcontents%2Fmade&ei=ZcMCUdfWJ8qV0QXitIAI&usg=AFQjCNGLWoo4Zu9YYYleiD9Oe_8_T2TIzA&bvm=bv.41524429,d.d2k



any contract, which is largely negotiated off
the trade premises whether signed up on the trade premises or not, you can
cancel within seven days of making the agreement or receiving the paperwork,
whichever is the latter.



If you never received any paperwork, then
legally, you can cancel the agreement now.



However, expect the agent to dispute that and
to tell you that it was sent, and you are being economical with the truth.



They must advise you of your cancellation
rights which they appear not to have done. That helps you.



What does not help you on the other hand, is
that your right to cancel comes to an end when the service begins. Here is some
reading http://www.seqlegal.com/blog/distance-selling-regulations-right-cancellation



ITV will have a reasonable argument that they
did not tell you of your right to cancel. It might be worthwhile asking them
for a copy of the agreement you signed before mentioning this to see if the
right to cancel is in there.



They have to give your copy of the agreement
if asked.



It is not in there, you have a good argument
that they are in breach of statutory duty and therefore the agreement is
unenforceable.



There is a rule in law which says that if you
have signed an agreement you agree to the contents even if you do not
understand it or do not read it.



It would be for a judge to decide the issue.



The other thing is that there is no doubt the
agent, provided some service and are therefore may be entitled to payment on a
quantum meruit basis.



With regard to the payment of the fee,
notwithstanding the timescale. The fact remains that the agent introduced you
to the buyer and to my mind, the agent is probably due his fee (notwithstanding
what I said earlier).



However, I'm sure that neither you nor the
agent wants to go to court and the agent did, after all, introduced the buyer
to you. So you might want to come to an accommodation with the agent.



In cases like this, I never suggest making an
offer. I suggest sending a cheque. Armed with a cheque in the hand for some of
the amount they want, compared to an argument over the whole of the amount,
(and arguments. They may win or lose) the cheque in the hand is a pretty
powerful incentive to accept it.



So consider deciding how much you would like
to pay the (you need to make it attractive enough) and send it with a covering
letter headed "without prejudice save as to costs". That means that they cannot
produce the letter in court as any proof that you admit owing them any money at
all.



Tell them in the letter that you are offering
this money in full and final settlement of all claims against you, past,
present and future, and that by cashing it they accept it as such. Tell them
that if they do not accept it, they should return the cheque to you and if they
issue legal proceedings, you will defend them on the basis of A, B, C, whatever.



Tell them that if they do not understand the
significance of the letter. They should take independent legal advice.



I can tell you this approach works nine times
out of 10, provided the offer is reasonable and not derisory.



For legal reasons which I will not bore you
with but which go back several hundred years, the cheque must not come from
you, but was come from a third party, friend, relative, solicitor, our
accountant, neighbour, girlfriend, wife, husband, whoever, just not from you.



Can I help further? Please don't forget to
positively rate my answer service (even if it was not what you wanted to hear)
and I will follow up any further points you raise for free. If you don't rate
it positively, then the site keep your deposit and I get 0 for my time. If in
ratings you feel that you expected more or it only helped a little, please ask
me for further info before rating me negatively otherwise I don't get paid at
all for my time and answer.

The thread remains open. Thanks



Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.


not sure how to close down thank you again Bye

Expert:  Stuart J replied 3 years ago.

That's fine.

The thread remains open if anything crops up that you want to know about the same subject. I hope you get it sorted.

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