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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have signed an agency agreement with an agent to sell my

Resolved Question:

I have signed an agency agreement with an agent to sell my property. They put a poor quality ad up with rightmove, zoopla, etc on the same day that I handed them the completed contract. The next day I asked them to remove the ad and list a new ad with photos of the correct size, a floor plan and write up (I even provided the photos and write up, which they will use). They advised me the ad would be on with rightmove by Saturday 14th. Every day I have emailed and called them to follow up on the listing progress. However, they still have not re-listed the ad and they have not created the floor plan. They do not reply to my emails, but they do take my calls. When I called the manager yesterday he asked me if I have a floor plan they could use. He then said he would draw one and list the ad. Still my property has not been listed. I would like to cancel my 6 week contract as I have lost confidence in them.
The contract says that "if the agency agreement is completed in your own home under the consumer protection (information, cancellation and additional charges) regulations 2013, you have the right to cancel the agency agreement referred to above if you wish. This right can be exercised by delivering or sending (by post or email) a written cancellation notice to the person indicate below at any time within the period of 14 days staring with the date of receipt by you of this notice.
If you wish to cancel the agency agreement you should post or deliver your written cancellation notice to the branch manager at the branch stipulated in section 5 of the agency agreement.
If you choose to cancel this contract, your cancellation will be effective from the time your cancellation notice is posted or sent to the address set out above or, in the case of email, on the day it is sent. A cancellation notice may be in any form provided it is in writing, but if you decide to cancel this agreement you may wish to use the attached cancellation notice form.
PERFORMANCE OF THE CONTRACT PRIOR TO THE EXPIRY OF THE CANCELLATION PERIOD
The services set out in the agency agreement will not commence until the day following the last day of the cancellation period. If you wish the services to begin within the cancellation period, you must agree to this in writing. Your right to cancellation period will not be affected. However, if you do choose to cancel the agency agreement you will be required to pay for goods and services supplied prior to cancellation.
If you wish the services to begin prior to the expiry of the cancellation period, you should sign the confirmation below.
I/We understand that if we subsequently exercise our right to terminate the agency agreement within the cancellation period we will be required to pay for goods and services supplier prior to cancellation.”
SPACE FOR SIGNATURE – BUT NO SIGNATURE WAS ENTERED OR DATE
The agreement was completed and signed by the agent in my home on 9th March 2015. I asked to keep the agreement to review and sign. The agent brought round a viewer on the 10th (whom I have repeatedly asked by email who this is, but I have had no response) who was not interested in the property. On the 11th March I took the agreement to the agents office, with the agreement dated the 9th March.
Can you please confirm if I am within my rights to cancel?
Thank you very much.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I am sorry to hear of your disappointment with the agent. I note you say "...SPACE FOR SIGNATURE – BUT NO SIGNATURE WAS ENTERED OR DATE" in respect of the section requesting services to commence earlier than your 14 day period. For the avoidance of doubt you are satisifed you did not sign this sectio on the agents copy of the agreement. Is that correct please?

Customer:

Yes

Customer:

Hi, thank you for coming back to me.

Joshua :

Thank you.

Customer:

I can confirm that I did not sign this section

Customer:

I have however, sent numerous emails asking them when they are going to list the property

Customer:

I have provided them with a write up and photos by email

Joshua :

in the middle of last year, existing consumer protection legislation was largely replaced by The Consumer Contracts (Information, Cancellation a nd Additional Charges) Regulations 2013. these regulations are wide-ranging but as far as they apply in the circumstances, they provide you with a period of 14 days to cancel most agreements that you make in your own home and they cover estate agents contracts.

Joshua :

Under the regulations, the estate agent must provide you with a statutory notice of cancellation rights which they appear to have done. You have 14 days from the day after you sign the agreement to cancel the agreement for any reason. It is possible for you to ask the estate agent to start providing you with service immediately but this needs to be done in writing and from what you say, you have not signed to say that you do wish them to begin immediately.

Joshua :

Accordingly, you have a cancellation period of 14 days starting the day after you sign the agreement. In order to successfully cancel, you are required to give notice of your cancellation in writing. There is no specific form your notice must take providing it is clear that you wish to cancel. You do not have to mention them but you may wish to make reference to the above regulations stating that you are cancelling under your rights provided for by the regulations

Joshua :

you can send the notice to the estate agents in anywhere you wish but you should keep a copy of your cancellation notice in case of future dispute. The simplest method is to send your notice by email because an automatic copy usually kept confirming you have sent the notice. If you send your notice by post, keep a copy and obtain a receipt hosting. If you decide to drop the cancellation notice in by hand, take a copy and ask an employee to sign to acknowledge receipt and a possible stamp the copy for your records

Customer:

This is the information that I have emailed them

Joshua :

the cancellation notice is effective immediately on receipt by the agents and they must refund immediately any money they are taken from you. At that point, you will no longer be the client and we must remove any advertising you request from the media and any advertising sites

Customer:

From: *****@******.***
To: *****@******.***
CC: *****@******.***
Subject: RE: Annie Besant Close, E3 2ER
Date: Wed, 18 Mar 2015 20:02:04 +0000


Hi Carl,

Thank you very much for confirming this morning that you would create a floor plan and list the house today with rightmove, zoopla etc.

However, I have checked rightmove this evening and the ad does not appear to be listed.

Can you please confirm if the ad was listed today with the floor plan, the write up that Jay had finalised yesterday and a complete set of the photos that I had provided Jay with last week (as only 4 were shown on the initial ad) and displayed at the right size (as they had come out very small on the initial ad)?

Also, could you please also confirm who the viewer was last week that viewed my property as I would like to keep note of who has viewed my property?

Thank you very much.

Kindest Regards
Adele

From: *****@******.***
To: *****@******.***
CC: *****@******.***
Subject: FW: Annie Besant Close, E3 2ER
Date: Tue, 17 Mar 2015 17:03:23 +0000
Hi Jay,

Also, could you please confirm who the viewer was last week, so that I can keep track of who is viewing my property?

Thank you very much.

Kindest Regards
Adele

From: *****@******.***
To: *****@******.***
CC: *****@******.***
Subject: FW: Annie Besant Close, E3 2ER
Date: Tue, 17 Mar 2015 17:01:12 +0000
Hi Jay,

Thank you very much for confirming that you now completed the write up (including the room sizes) and you are working on getting the photos up correctly.

As mentioned Iast week, I would like a complete ad placed on to rightmove, zoopla, etc including the floor plan. Therefore, please can you not list the ad until the floor plan has been done and attached to the ad.

I know that ideally both of us would like the ad on as soon as possible and I am very keen to get the ad up as soon as possible, especially as the election looms and I can only imagine sales will start to slow down, however, I want to see a complete ad posted, which is why I asked for the ad to be taken down and re-listed last week.

I do hope you understand and do not take any offence at my request.

Would you please be able to confirm when the floor plan will be done and when the complete add, with the correct sized photos and floor plan will be re-listed and available to view on rightmove, zoopla etc?

Your assistance with this is greatly appreciated.

Thank you very much.

Kindest Regards
Adele

From: *****@******.***
To: *****@******.***
Subject: FW: Annie Besant Close, E3 2ER
Date: Mon, 16 Mar 2015 18:42:17 +0000
Hi Jay,


I hope you had a good weekend.

Last Tuesday you brought round a lady viewer, would you please be able to let me know her name, as I would like to keep track of who has been viewing my property?

Also, would you please be able to provide me with an indication of when you expect my property to be advertised on rightmove, etc with the right sized pictures, floor plan, write up and price at £470,000?

Thank you very much.

Kindest Regards
Adele

From: *****@******.***
To: *****@******.***
Subject: FW: Annie Besant Close, E3 2ER
Date: Sat, 14 Mar 2015 15:11:31 +0000
Hi Jay,

Thank you very much for taking the property off the market to re-list. I noticed this was off of rightmove first thing yesterday morning.

When we spoke on Wednesday, your intentions were to get the property re-listed and showing on rightmove and zoopla for this evening. Just following up to see if this is being processed. Can you please let me know if you expect the property to be listed on rightmove and zoopla this evening?

This is greatly appreciated.

Kindest Regards
Adele

From: *****@******.***
To: *****@******.***
CC: *****@******.***
Subject: RE: Annie Besant Close, E3 2ER
Date: Thu, 12 Mar 2015 15:01:42 +0000
Hi Jay,

I have just spoken with Carl and confirmed that I would like the property advertised at £470,000.

Therefore, could you please advertise at £470,000.

Thank you very much.

Kindest Regards
Adele

From: *****@******.***
To: *****@******.***
CC: *****@******.***
Subject: FW: Annie Besant Close, E3 2ER
Date: Thu, 12 Mar 2015 13:07:06 +0000
Hi Jay,

Thank you very much for your time earlier today.

As mentioned I appreciate you kindly trying to list the ad as soon as possible, however, I would like the ad completely removed and re-listed, so that when it is re-listed it will show as a new property and a new alert will go out to anyone who has set up alerts.

I would like the new ad to incorporate the following:

  • Write up to be changed. I have provided a write up below, I would be very happy for you to use this or if you would like to recommend any changes to the write up this would be appreciated, but I would like to the see / agree the write up before it is re-listed. Could you please also double check the measurements you took to mine.

  • Floor plan to be added

  • Photos to be upload in correct format so they show they are enlarged to the correct size, additional photos to be put on to show the garden, street view and bathroom (again, I am happy for you to use my photos but if you would like to take additional photos can I please review these)

  • Price to amended to show in the region of £475,000, so it comes up in the £475,000 search bracket.


I do hope that you do not mind me requesting a change to the ad, I know it slows down the process and I too would like to get the ad up as soon as possible, but I see this as a critical marketing piece.

I really appreciate your assistance with this.

Thank you very much.

I look forward to seeing you this afternoon for photos of the garden and street.

Kindest Regards
Adele

From: *****@******.***
To: *****@******.***
Subject: Annie Besant Close, E3 2ER
Date: Thu, 12 Mar 2015 12:18:15 +0000
Two Bed Freehold Terraced House For Sale









Two bedroom, freehold terraced house, located in a popular area of bow, moments from Victoria Park and Roman Road Market. Guide price £475,000.



The property is presented in an excellent condition throughout, with neutral décor, wooden floors, double glazed windows and gas central heating.



The property benefits from a spacious kitchen / dinning room, separate lounge, two generous double bedrooms, modern bathroom and a south facing garden.



Great transport links to the City, Canary Wharf, West End and more.




  • Kitchen / Dinner (18’5ft x 11’9ft)



  • Lounge (17’7ft x 11’9ft)

  • Bedroom 1 (11’8ft x 11’9ft)

  • Bedroom 2 (10ft x 11’9ft)

  • Bathroom (8’4ft x 6’5ft)

  • South Facing Garden (28’11ft x 12’4ft)



Notice
All measurements are approximate, photographs provided for guidance only.
























Joshua :

your cancellation rights are not affected by any of the above email exchanges you have posted

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

Thank you. There is also one more email, can you please confirm if this effects my sittuation?

Joshua :

Sure... Do you want to post it?

Customer:

Hi Jay,

Room dimensions attached below.

Would you please provide me with your thoughts and check the dimensions to Carls?

I assume you will also be able to attach a floor plan, re-size and add photos?

Thank you very much, your assistance with this is greatly appreciated.

Kindest Regards
Adele




From: *****@******.***
To: *****@******.***
Subject: RE: Description - Jay
Date: Tue, 17 Mar 2015 14:04:09 +0000

Hi Jay,

This will be great.

However, could we please also put in room dimensions?

Thank you very much.

Kindest Regards
Adele




From: *****@******.***
To: *****@******.***
Subject: Re: Description - Jay
Date: Tue, 17 Mar 2015 13:57:38 +0000

Hi Adele,

Please see the description below, would this be ok?

Situated in a residential cul-de-sac within the popular area of Bow, is this fantastic two double bedroom terraced house. Located only moments way from the highly desirable Victoria park and the vibrate Roman Road Market.

The property is in excellent condition right through with ample natural light, original wooden flooring, a contemporary neutral décor, double glazed windows and Gas central heating.

This well laid out property compromises of a spacious and airy Kitchen diner through to a separate living room leading to the private rear south facing garden. With two generous double bedrooms and a modern bathroom, this property will make a perfect family home or a great investment.

Great transport links to the City, Canary Wharf, West End and more via the Tube, DLR and bus links.



  • Kitchen / Dinner (18’5ft x 11’9ft)



  • Lounge (17’7ft x 11’9ft)

  • Bedroom 1 (11’8ft x 11’9ft)

  • Bedroom 2 (10ft x 11’9ft)

  • Bathroom (8’4ft x 6’5ft)

  • South Facing Garden (28’11ft x 12’4ft)

Joshua :

Thanks. the above emails will also not affect your right to cancel your agreement as discussed above.

Joshua :

If you wish to cancel your agreement, the only important thing from your perspective is to ensure that your cancellations in writing with a retain copy, and that you ensure that your cancellation is made within 14 days following the date of signature.

Joshua :

Providing you satisfy these criteria, your cancellation is effective on receipt and there is no basis for the estate agents to legally dispute your cancellation notice.

Joshua :

Have I been able to help you with all your questions on the above?

Joshua :

Do you have any other questions on this or does the above answer everything you needed to know for now?

Customer:

In summary, could you please confirm if 1) The cancellation is still possible under the circumstances where the agent has completed and signed the form in my property, but I did not sign the form in front of him... I signed and dated it as the 9th the same date he dated it and I hand delivered the contract to him at his office (as the contract says completed in your home)? 2) I did not sign the section of the contract as indicated above 3) All of my correspondence does not impact the cancellation?

Joshua :

Using the same numbering:

Joshua :

1) Based on what you say above cancellation is still possible. The fact that it was delivered to his office may jepardise your right to cancel and it would be better if your recollection is that is was signed in your own home and presumably was taken by the agent. If you are certain in your recollection that it was delivered to their office by you there could be room for dispute. You will have to consider your recollection further

Joshua :

2) Subject as above if the form was signed at home, your right to cancel is not prejudiced by your not signing this section.

Joshua :

3) Correct.

Customer:

Thank you, ***** ***** therefore be possible to write the following:

I would like to terminate my agreement with immediate effect, as per the 14 days notice period.

Customer:

Is this sufficient?

Joshua :

It is but you may wish to consider something along the lines of the following:

Joshua :

TO [estate agent]
I write in reference to my agreemenent date [date] signed at my home on [date] and I hereby give you notice of my decision to cancel the agreement under the Cancellation of Consumer COntracts Regulations owning to poor service experienced to date. Please acknowledge receipt.

Customer:

Thank you very much. This is greatly appreciated!

Joshua :

A pleasure.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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