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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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A relative of a deceased person mistakenly signed a contract

Resolved Question:

A relative of a deceased person mistakenly signed a contract for sale with an estate agent for the deceased's property. He was never asked if he was the executor and he is elderly. The terms of the agency agreement are highly suspect. It shows sole selling agent (if you put to someone else you pay them still) and ties you in for 28 weeks (normal is no more than max 12 weeks sole more usually 6) The executor has now told the agency he should have signed and they are wanting to do the same contract but it is one he would never agree to. If he refuses their current terms have they any comeback on the original signee to the contract even though that was a genuine mistake.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

The Agency agreement signed by the relative is null and void- the relative has no right to sell the property. It would have been the same situation had I walked into the Agents and signed the Agreement!

The Agents can't, therefore, demand that the same terms are signed by the Executor.

I trust this assists and sets out the legal position.

Kind Regards

Al

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