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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What are your rates to answer a question on 'cooling off period'

Resolved Question:

What are your rates to answer a question on 'cooling off period' of 7 days (not 14) signed with Estate Agent at home. I cancelled on the 5th day and obtained confirmation by email. The umbrella firm (Connells)have attempted to say that I verbally retracted the cancellation in their office 2 days later during a conversation with their manager which is totally refuted and there being no witnesses or any other evidence. The Connells solicitor is inferring a 'presumed' contract as my brother wrote to them ( not my agent or signatory) whilst I was 4000 miles away on holiday. His letter stated he was disturbed by their lack of contact, communication and bad handling. His words were agreed by me but that it was the basis of a complaint. I cancelled the contract due to my concern that they may take commission should I introduce my own buyer privately so to avoid doubt I cancelled it. The lawyer for Connells is attempting to still include one of their clauses on the agreement in an attempt to claim a commission where another Agency sold the property to a man who initially did view our property but not inside the 7 day cooling off period. He was not in a position to purchase at that time though as his own sale had fallen through but they insist that it is an "introduction". Having read Foxtons case we cannot see how the former Agent can claim.
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 : How is it I can help you,please?
Customer:

'cooling off period' of 7 days (not 14) signed with Estate Agent at home. I cancelled on the 5th day and obtained confirmation by email. The umbrella firm (Connells)have attempted to say that I verbally retracted the cancellation in their office 2 days later during a conversation with their manager which is totally refuted and there being no witnesses or any other evidence. The Connells solicitor is inferring a 'presumed' contract as my brother wrote to them ( not my agent or signatory) whilst I was 4000 miles away on holiday. His letter stated he was disturbed by their lack of contact, communication and bad handling. His words were agreed by me but that it was the basis of a complaint. I cancelled the contract due to my concern that they may take commission should I introduce my own buyer privately so to avoid doubt I cancelled it. The lawyer for Connells is attempting to still include one of their clauses on the agreement in an attempt to claim a commission where another Agency sold the property to a man who initially did view our property but not inside the 7 day cooling off period. He was not in a position to purchase at that time though as his own sale had fallen through but they insist that it is an "introduction". Having read Foxtons case we cannot see how the former Agent can claim.

Customer:

Already Tried:
Their supposed Complaints Procedure which contains many flaws and one sided cherry picking of words. Their Agreement when terminated within 7 days Cooling Off specifically states what still has to be paid for i.e. services andn any 'special additional marketing' ( we didn't) or EPC service requested we will be liable for those charges. It does not state that Connells at their will can resurrect a clause from the Agreement to suit. We are commencing TPO procedure. Is commission still payable ?


Customer:

Apologies I am not sure of this system. You came online and asked me the question I originally placed a short time ago. I have copied it and have entered it again but find you offline and the system is now asking me to put my question in !! Another has told me it has been answered !! Confused.....

Alex Watts :

So they are saying you cancelled, but then changed your mind - is that right?

Alex Watts :

What is it you want to achieve? Have you paid them anything?

Customer:

In the absence of witnesses or other instrument, a conversation took place lasting about 2 minutes at the Agency premises with the Manager. This was on the first business day after I had cancelled the contract in the cooling off period 2 days before. The conversation was to determine that he personally knew of my cancellation which he did, and, my concern as outlined in my first question to you about commission when on a private basis outside the bounds of the Agency advertising. He under std neither did he ood and said he would write. He didn't.

Customer:

I did not change my mind nor give any indication that I was doing so. It is sheer fabrication. I have had to pay money due to the Ombudsman's procedure which has commenced but is still in its infancy with parties being shown the complaints from me. The Prop Ombudsman cannot look at a case if proceeding commence claiming the fee. Payment is "Without Prejudice" basis.

Customer:

I understood that cooling period meant that a contract cancelled within same leaves all Agreement terms/clauses dead and buried, the only comeback being the services or special arrangements being payable. After much complaining the Agency were instructed by Connells to give me a letter terminating the contract (which had been cancelled a long time before) which was oddly worded as if the contract had carried on in a ' presumed way' ( isn't the latter an American law type of contract ?)

Alex Watts :

You cancelled the contract - have you paid anything?

Customer:

does this system keep repeating things as I have answered this last question just showing from you !!

Customer:

I want to know whether or not they are entitled to the commission on a sale through another Agent. The eventual purchaser of the property visited Swetenhams at an early time but they failed to tell me that the proposed purchaser's own sale had fallen through and therefore was in no position to proceed. He could only do this some considerable time later (months) through our new Agent. How can the first Agent claim commission - that's what I want to achieve, the answer to the latter if it is possible . Thanks

Alex Watts :

No, they are NOT entitled to commission.

Alex Watts :

You have cancelled the contract

Alex Watts :

Therefore you do NOT owe anything

Alex Watts :

They can not make you pay anything if the contract has been cancelled.

Alex Watts :

Indeed they would have to show that you agreed to the contract and did not cancel it.

Alex Watts :

Therefore there is no contract and you are not liable

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So what you are saying is that I have determined this correctly. The contract was cancelled within the cooling off period and it was acknowledged by the parent company in their correct procedure. They decided to presume that a contract was continuing on groundless claims and continuing to market the property when they clearly should not have done and failed to give me a letter 'as soon as reasonably possible' confirming the cancellation and stop marketing the property contrary to the Prop Ombud's Code.

Customer:

Quite simply the terms and conditions of the rest of the Agency Agreement became defunct when the contract was cancelled except for the items that were clear which I was not part of i.e. extra services which I did not opt for originally so everything is dead and buried and there is no fee to pay as the purchaser came later and was in no position to purchase when he first appeared on the scene through the first agency. Please confirm. Thank you.

Alex Watts :

You have determined it correctly - yes.

Alex Watts :

Does that clarify?

Customer:

It does and thank you very much.

Alex Watts : Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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