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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My question relates to a business engaged in consultancy services

Resolved Question:

My question relates to a business engaged in consultancy services helping clients to find UK property or multiple properties for a variety of purposes, letting, renovation, onward sale. They do not get involved in offering legal advice, financial advice, or the purchase process. Rather they act as a middleman to find properties to a specification, whereafter they put the buyer and seller in contact to complete the transaction. They do offer known contacts in a range of support services, survey, mortgages, refurbishment etc but these are always subject to the client’s own choice and selection and will be engaged directly by the client for any services used. Many of the clients will be, for example, UK expats so the engagement will largely, if not entirely, be conducted by phone, email, skype etc.
Does this consultancy service, engaged solely in “finding” and putting together buyers and sellers, fall under the 2013 Consumer regulations distance selling “right to cancel” requirements or do they fall under the “creation of or rights in immovable property” section of the exemptions from the regulations and the obligation to offer a right to cancel?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Yes it will come under the CONSUMER CONTRACTS(INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013.
This is because an exemption will only be provided to someone doing the deal for the property, ie executing the deal. It will not apply to someone consulting or finding the buyers/sellers.
That is a service, it is not the end transaction and therefore not exempt.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Answer much as I expected but wanted to be sure. Thanks for very prompt and clear response.

Expert:  Ash replied 2 years ago.
Sorry its not better news.
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
Ash and 4 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

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

If you have not done so already 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