Ask a Law Question, Get an Answer ASAP!
By the internet
I do not know. They have just sent us an e-mail and they wrote in that e-mail that we were liable to pay the Express Estate Agency commission if we exchange contracts with any purchaser within the sole selling rights agency agreement (20 weeks), whether introduced by the Express Estate Agency, privately or any other private agency - as I have put it down above. They just did not take in consideration that the withdrawal happened during the cooling off period.
Well sadly they are wrong
Distance Selling Regulations apply.
You are entitled to a 7 day cooling off period if you concluded the contract by phone.
Therefore they can not charge you.
If they try and take it to Court (if its less than £10,000 it would be a small claim anyway), you can plead the defence of the DSR's
Can I clarify anything for you about this today please?
We did not conclude the contract by phone, a person came here personally and we signed the contract here, in our house. Previously they called us on phone and offered their services - that really happened by phone. But for the signing the contract their agent came here to our home - as we wanted to sell the house they had to come here and have a look. We signed the contract only after this procedure. Does it change anything? So briefly: it were not us who called them and asked their services, they called us and they offered their services.
Thank you very much, Dear Alex. Have a good day!. Bye.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/