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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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
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 ?
No I am saying that had I seen sole selling rights I would have changed it to sole Agency
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.
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
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.
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 offthe trade premises whether signed up on the trade premises or not, you cancancel within seven days of making the agreement or receiving the paperwork,whichever is the latter.
If you never received any paperwork, thenlegally, you can cancel the agreement now.
However, expect the agent to dispute that andto tell you that it was sent, and you are being economical with the truth.
They must advise you of your cancellationrights which they appear not to have done. That helps you.
What does not help you on the other hand, isthat your right to cancel comes to an end when the service begins. Here is somereading http://www.seqlegal.com/blog/distance-selling-regulations-right-cancellation
ITV will have a reasonable argument that theydid not tell you of your right to cancel. It might be worthwhile asking themfor a copy of the agreement you signed before mentioning this to see if theright to cancel is in there.
They have to give your copy of the agreementif asked.
It is not in there, you have a good argumentthat they are in breach of statutory duty and therefore the agreement isunenforceable.
There is a rule in law which says that if youhave signed an agreement you agree to the contents even if you do notunderstand 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 theagent, provided some service and are therefore may be entitled to payment on aquantum meruit basis.
With regard to the payment of the fee,notwithstanding the timescale. The fact remains that the agent introduced youto the buyer and to my mind, the agent is probably due his fee (notwithstandingwhat I said earlier).
However, I'm sure that neither you nor theagent wants to go to court and the agent did, after all, introduced the buyerto you. So you might want to come to an accommodation with the agent.
In cases like this, I never suggest making anoffer. I suggest sending a cheque. Armed with a cheque in the hand for some ofthe 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 prettypowerful incentive to accept it.
So consider deciding how much you would liketo pay the (you need to make it attractive enough) and send it with a coveringletter headed "without prejudice save as to costs". That means that they cannotproduce the letter in court as any proof that you admit owing them any money atall.
Tell them in the letter that you are offeringthis 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 themthat if they do not accept it, they should return the cheque to you and if theyissue legal proceedings, you will defend them on the basis of A, B, C, whatever.
Tell them that if they do not understand thesignificance of the letter. They should take independent legal advice.
I can tell you this approach works nine timesout of 10, provided the offer is reasonable and not derisory.
For legal reasons which I will not bore youwith but which go back several hundred years, the cheque must not come fromyou, but was come from a third party, friend, relative, solicitor, ouraccountant, neighbour, girlfriend, wife, husband, whoever, just not from you.
Can I help further? Please don't forget topositively 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 rateit positively, then the site keep your deposit and I get 0 for my time. If inratings you feel that you expected more or it only helped a little, please askme for further info before rating me negatively otherwise I don't get paid atall for my time and answer. The thread remains open. Thanks
not sure how to close down thank you again Bye
The thread remains open if anything crops up that you want to know about the same subject. I hope you get it sorted.