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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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RTA where going to sell my business as I wanted to retire and

Resolved Question:

RTA where going to sell my business as I wanted to retire and paid them £2000 +vat to be the sole sellers for the contract time of 2 years starting 1st May 2012.since signing this contract they have not contacted me at all .I then got a phone call last week to see how the business was going.I told them that I was winding it down so I can retire .They said the busness was not as I had marketed it,so thay were going to terminate the agreement They have now sent me a invoice for £900 which in the contract I had signed I would pay if I terminated the agreement when reading it it says we or I surely if they want to cancel the contract I should not have to pay
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I do not quite understand your question. For now please let me know was this being sold through a broker and he wants a fee?

Customer:

no RTA are a business for sale site .I have already paid them £2000 +vat to sell the business on a 2 year sole agencey they have now terminated the contract. Because as I want to retire and as they did not sell it even though they said they already had prospective buyers .I have been running the business down they now want me to pay £750+vat for the termination cost

Alex Watts :

Does the contract state they are entitled to a further £750 please?

Customer:

RTA are a business for sale site .I paid them £2000 for the sole agency for two years to sell .As 1 wanted to retire and they did not sell my business even though they informed me the already had prospective buyers I have been running the business down . They phoned me last week to ask how the business was going which was the first contact since signing the contract .when i told them the said they were cancelling the contract but have now sent me an invoice for £750 +vat for cancelling

Alex Watts :

Yes I understand. In their contract terms on the site does it say they are entitled to a charge a £750 fee?

Customer:

yes but i thought this was if i cancel the contract but on reading it it says 1 or we but this was not explained when signing

Alex Watts :

So it says they are entitled to charge a £750 fee?

Customer:

yes but I am not cancelling the contract

Alex Watts :

So it only says they can charge £750 if YOU cancel it?

Customer:

no on reading it is says I or we but this was not explained or pointed out

Alex Watts :

Ok - you can refuse to pay it

Alex Watts :

What they can only do is take you to Court and it would be a small claim

Alex Watts :

The law states they are only entitled to charge a reasonable fee for reasonable work done.

Alex Watts :

If THEY are cancelled it, they have not done any work and I can't see how they can claim £750

Alex Watts :

As for the I/We point, that does not help you. As a business owner you are expected to read a contract before you sign it, so there is no duty in a business contract to point it out

Alex Watts :

But they are still only entitled to charge for reasonable work done

Alex Watts :

There has been none, so do not be bullied into paying

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

than you for the advice it is much valued and more than happy with your reply

Alex Watts :

Thank you, ***** ***** anything else I can help with?

Customer:

thank you for the advice i am more than happy and will give you excellent service

Alex Watts :

Thank you, ***** ***** could invite you to rate my answer by clicking the button at the bottom of the page please.

Alex Watts :

Good luck with this

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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