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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22385
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Customer Question

having problems with the business sales agent. I signed an agreement with my pet name and did not send them any Id documents. They want to terminate the contract and take legal action against me for breach of contract. How can I get out of this situation?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.



I signed a contract in december 5th november 2012 with a business sales agency. The contract was altered from 12 month to 6 months contract. And I signed with my pet name and my real surname. The sales rep who signed the contract on behalf of the agency mentioned that I need to send copy of my ID and proof of address. also sales particulars authorised and signed. But I never did this. So 5 month in to the contract I received a email from the executive manager of the company saying if I do not provide the following within 7 days they will withdraw the business from sale and commence legal action for breach of contract: Proof of id and address, sales particul;ars signed, EPC CERTIFICATE.

Expert:  Stuart J replied 3 years ago.

I cannot see what difference it makes whether you signed with your pet name
or not.

I cannot see how they can terminate the contract purely because you not
provided ID.

Are they looking to terminate the contract and get money out of you or do
they simply want to walk away?

What exactly is the situation that you want to get out of?

Why did you not let them have the details sooner or later or let them have
them now?

I think I'm missing a big chunk of facts here

Customer: replied 3 years ago.

They are trying to get their commission by proving that I'm breaching the contract (money laundering regulations). And also I haven't provided them with the other info that I mentioned: energy performance certificate etc.


I just want to get out of the contract because I feel that they will try every trick to get their commission without selling the businesses.


I read somewhere that even if the contract comes to the end of its fixed term the agency can claim compensation or commissions although there's no sale. This is why I never sent them my id and etc. But I told them that I did and now they're asking me to send it again with recorded delivery.


Is it possible to get out of this contract? Can I not say I never signed the contract?

Isn't the fact that I signed with my pet name a potential breach of contract in terms of money laundering regulations?

Expert:  Stuart J replied 3 years ago.

Why did you sign your pet name? Even so it doesn't get you off the hook because the fact remains that you did sign it.

If all contracts could be overturned like that we would all use our nicknames

Why didn't you send what they are asking for?

How much are they asking for?


Have you simply changed your mind?

Have you found a buyer?


I need the full background please. Thanks

Customer: replied 3 years ago.

I haven't found a buyer and. I haven't changed my mind. They haven't even sent one person to view the property. Their commission is 7,500. And I think they want to make easy money. The fix term runs out in 5th of may 2013. Suddenly theyre making a big deal out of not sending these docs. The executive manager said that he will commence legal action if documents are not sent withing 7 day's. This email was sent 6 days ago.


Can he still take me to court after the fixed term has expired? And I'm sure his not going to introduce me to any buyers.

Expert:  Stuart J replied 3 years ago.

So why don't you simply let them have what they're asking for and let the
contract expire in May?

Customer: replied 3 years ago.

As I stated. I'm worried that they will make a claim after that period. Is this possible?


Also The original contract is 12 months. However the repsentative altered the contract in handwriting to 6 months. would this be a problem?

Expert:  Stuart J replied 3 years ago.

Is their copy and yours altered?

I still don't know why you haven't sent the docs they ask for.

Customer: replied 3 years ago.

yes there is.




Expert:  Stuart J replied 3 years ago.

In which case, the amendment is effective.

I would send them the docs they ask for and deal with anything else if it
crops up

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