How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25424
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

My husband and I are selling our business and have paid £21000

Resolved Question:

my husband and I are selling our business and have paid £21000 up front now after 2 years we have complained many times the pictures on the internet are not ours can we claim our money back as I think they have broken the contrack
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify that this contract relates to a property agent who has contracted to represent you in finding a buyer for your business as your agent please?
Customer: replied 2 years ago.

yes

Expert:  Joshua replied 2 years ago.
Thank you. Do youhave a copy of the terms of your agreement available? I will need to be able to review them in order to outline bases on which you may have a challenge.
Customer: replied 2 years ago.

no not at home they are the RTA who do not have a good reputation but wrong pictures for two years is not very business like

Expert:  Joshua replied 2 years ago.
Thanks. Would you prefer to wait until you do have the terms to hand or would you like me to proeed on the basis of standard terms in general?
Customer: replied 2 years ago.

please

Customer: replied 2 years ago.

pleasesorry my computer is playing up I cannot get emails at the moment

Expert:  Joshua replied 2 years ago.
Thanks. OK so this is a commercial contract so there is little protection from unfair terms as is the case in consumer contracts.You need to start by reviewing the terms of your contract along with any correspondence between you and the agent prior to instructing them and making a list of all the services they agreed to undertake on your behalf (noting the clause number for ease of future reference) and then make a list next to those terms of all the services they have either not provided as required to do under those terms or in your opinion have failed to provide adequately (and where this is the case collate evidence you have to support that view). I would assume (though I cannot access a standard set of their terms as none seems to appear on their website) that part of their service is to prepare a brochure or advertisement pack for your business so as to enable them to advertise it. From what you say they have used the wrong pictures which if this is the case is a clear breach of contract assuming the above term exists and an act of negligence. There is then further negligence on their part in failing to update the images following your various notifications. If you can show that those images either are of significantly lower quality or present your business in a poor light then you can look at a potential claim for damages in respect of the monies you have paid. In particular if you have received no or very little interest this would point to a failure on their part of advertising your business adequately though lack of interest is not enough on its own to forumate a claim - it is necessary to show specific breaches of their terms of service using the above approach in order to bring a claim for breach of contract. If you consider you can show that the agent is in substantive breach of its contract you can notify them that you consider them to be in breach of contract on the grounds that you list and ask them to submit proposals for damages and with regards ***** ***** the contract to an end (you will need to look at the cancellation terms and may wish to consider giving notice to cancel the agreement saying that cancellation does not prejudice your rights to make a potential claim if you wish to cancel the contract so as not to incur further payments). If you wish to issue a claim for breach of contract you can do so using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcomeDo note that if the amount you claim is in excess of £10K then the matter would be heard in the fast track of the county court which does allo the successful party to recoup some legal costs subject to relatively limited limits. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua and other Law Specialists are ready to help you