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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.
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?
Hi, thank you for coming back to me.
I can confirm that I did not sign this section
I have however, sent numerous emails asking them when they are going to list the property
I have provided them with a write up and photos by email
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.
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.
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
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
This is the information that I have emailed them
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
From: *****@******.***To: *****@******.***CC: *****@******.***Subject: RE: Annie Besant Close, E3 2ERDate: Wed, 18 Mar 2015 20:02:04 +0000
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.
your cancellation rights are not affected by any of the above email exchanges you have posted
Does the above answer all your questions or is there anything I can clarify or help you with any further?
Thank you. There is also one more email, can you please confirm if this effects my sittuation?
Sure... Do you want to post it?
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
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.
Thanks. the above emails will also not affect your right to cancel your agreement as discussed above.
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.
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.
Have I been able to help you with all your questions on the above?
Do you have any other questions on this or does the above answer everything you needed to know for now?
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?
Using the same numbering:
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
2) Subject as above if the form was signed at home, your right to cancel is not prejudiced by your not signing this section.
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.
Is this sufficient?
It is but you may wish to consider something along the lines of the following:
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.
Thank you very much. This is greatly appreciated!
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