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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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hi I am trying to sell my home through Bristow eves unfortunately

Resolved Question:

hi
I am trying to sell my home through Bristow eves unfortunately I am in a contract which still has 6 weeks to run . My complaint is, I get no feed back from viewers.
I have had 2 offers one withdrew the next day no reason given, the second we rejected because it was so low. The one we rejected we were told they would come straight back to us with an answer we are still waiting.
Again on their 10 tick pledge it states we should have feed back following all viewings, I continually have to chase them. Also all offers should have been confirmed in writing.
None of this has happened.
We have had to instruct them how to market our property as they did not include all the best parts like a south facing rear garden and ample of road parking with the potential of a large driveway out front pending council permission.
My question can I walk away from this shoddy contract with out having to pay penalties.
We are moving back to Northern Ireland to retire so there is no forward chain.
All other properties in this area sell within 2 weeks providing it is not Bristowe Eves.
This has been on the market 6 weeks the 1st 2 weeks we had one viewing.
I chased them and then we got 2 viewing the 3rd week, the 4th week we were in Ireland, I am told we had 4 viewings no confirmation on this. The 5th week we had 4 viewing and only 1 the 6th week.
Please advice as this is making us both very ill.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Have you asked them if they will let you walk away from this?

How much will they want from you assuming that you do walk away from it and they did not agree to let you go?
Customer: replied 3 years ago.

We have paid 3 Hundred up front for Energy cert and £250 was for marketing the property.


The final amount if they sold would be 4,620 for them this includes solicitors.


I have not asked them if they will let me walk away I am reluctant to hand over any more money to them.

Expert:  Jo C. replied 3 years ago.
Thank you.

Assuming that the amount of money you would have to pay if you went to another agent is the same, and they decided to sue you for this money, you would have to defend their action based upon their breach of contract and the breach of the provisions of the Supply of Goods and Services Act for failing to carry out the job with a reasonable care and skill and providing a service which is not as described.

It would then be for the court to decide the issue based upon the evidence you have.
At this stage in time I suggest that you negotiate with them to find out exactly what they want for you to move away.

Then you can raise the issue of their breach of contract and asked for their proposals as to how they are going to deal with it.

There is not an easy solution to get you out of this if they decide to pursue you for their costs if you withdraw within the next six weeks.

Can I clarify anything for you?

Jo
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