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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70698
Experience:  Over 5 years in practice
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I have signed a sole agency doc.to sell my house I have paid

Resolved Question:

I have signed a sole agency doc.to sell my house I have paid money up front for proffessional photos etc. they are very good. The agent said it would be sole for a couple of months,however when I studied the agreement I am committed for 25 weeks
I realise my Wife and I have been silly but being our 80's we thought everything was above board.Now 6 weeks into the contract we have had no viewings Despite other properties having upto 10 viewings.Have I grounds to try elsewhere
David
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any cancellation clause in the contract?
Customer: replied 2 years ago.

7 days cooliny off period then 28 days notice in writing

Expert:  Jo C. replied 2 years ago.
With no penalty?
Customer: replied 2 years ago.

liable for costs incurred so far Market ing etc no actual figure quoted

Expert:  Jo C. replied 2 years ago.
Yes, you will be. There isn't a way around that. You would be liable for the work that they have done.
If you want to get out of this agreement then you could use the cancellation clause. You would be liable for the work so far but that is reasonable enough.
On your specific point above though, unless they guaranteed a certain number of viewings every week you will not have grounds to cancel on the basis that there have been none. That said though, if you have a right of cancellation anyway you don't really need grounds to cancel.
They only have a claim for the sum of their loss which is likely to be confined to professional fees and maybe advertising.
Can I clarify anything for you?
Jo
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