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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My estate agent wants us to pay 50% fee because he said in

Resolved Question:

My estate agent wants us to pay 50% fee because he said in the T&C it says ' we reserve the right to charge 50% commission fee if you withdraw from the sale of the property'
This was never pointed out or explained to us I have since found it in the very small print!
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Is that term in the same size print?
Customer: replied 1 year ago.
It's in a paler grey print smaller than some
But same size as other bits it's last part of page hard to find unless your looking for it like I now have
Expert:  Ash replied 1 year ago.
The law requires that an onerous term needs to be reasonably brought to the attention of the consumer. if not then it may not be enforceable.
Further The Unfair Terms in Consumer Contracts Regulations 1999 states:
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
You could argue that it is unfair, refuse to pay and it would be for the agent to take the matter to Court (Under £10,000 its a small claim) and say its a fair term.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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