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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have signed under persuasion of false hopes a contract to

Resolved Question:

I have signed under persuasion of false hopes a contract to sell my house however the start date was entered as 12/2/14 but the salesman entered the date of signing as 11/12/14 for his and mine signatures. Can I invalidate this contract ?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

A Sale Contract for a property is normally prepared by a Solicitor. You mention a salesman- could you please give me a little more information please?

Thanks
AL
Customer: replied 3 years ago.

This is just an agreement to advertise the property for us on their web site for 20 weeks. they agreed to a sales marketing price then a week later said they wanted to drop the asking price by 10k to get foot fall through the door and are asking 1.95% commission. If we sell ourselves or through another agent they still want their money even after we give 14 days notice at the end of the period. The company is `Express Agencies` They offered a free `energy report` as a carrot.

Expert:  Aston Lawyer replied 3 years ago.

Hi Ian,

Thanks for your reply.

I'm not an expert on Estate Agents agreements, so I will opt out and allow a fellow Expert to assist you.

Kind Regards
AL
Expert:  Ash replied 3 years ago.
In short they have not done what is required?

What is the cancellation notice or clause please?

Customer: replied 3 years ago.

The seller cannot terminate the sole selling rights agreement during the sole selling rights period set out above. Start date 12/2/14 for 20 weeks


Seller or Agent can terminate in writing giving 14 days notice after the 20 week period.


Agent can claim commission for up to 9 months after the minimum period if purchased by someone introduced during the selling period.


Salesman dated both signatures on the agreement as 11/12/14.


How can I att. a pdf copy for you to see ?


.

Expert:  Ash replied 3 years ago.
Are you saying you didn't sign the contract?

Customer: replied 3 years ago.

No, I did sign but the salesman dated it but I did not notice the wrong date at the time as he removed the dup. copy and left it on the table as he went.

Expert:  Ash replied 3 years ago.
So its only the wrong date and you want to invalidate the contract because of this?

Customer: replied 3 years ago.

If possible I don`t think this is a very ethical company and their efforts are nothing like expressed by the salesman, they do not seem to be making much effort for their required 1.95% commission. If I advertise with another company that sells my property would I have a reasonable case to refuse this companies commission demand should they so do in court under these circumstances.

Expert:  Ash replied 3 years ago.
But are you trying to cancel on the basis of the wrong date, forget whether they are ethical or not?

Customer: replied 3 years ago.

yes

Expert:  Ash replied 3 years ago.
You can't cancel the contract, the date can simply be amended.

Even if it went to court a judge would just amend the date. Clearly it was intended to be the other date.

But that does not make the contract void.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty tone honest.

Can I clarify anything for you about this today please?

Alex

Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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