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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have a pub which has been up now. It

Customer Question

I have a pub which has been up for sale for sometime now. It was marketed by a business sales company. I signed up to give them sole selling rights for 12 months which has now passed. When I asked them to stop as selling agents they pointed out that the sole selling rights remain with them until I pay a £900 fee. If that`s the case what is the point of having a 12 month timescale. I have a copy of the terms and conditions which I can email to you. Do you think this is correct?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
What does it say about how long they have sole agency for please?
Alex
Customer: replied 10 months ago.
Clause 2 states : I/We hereby appoint ###### ***** agents for the sale of my/our property and/or business, and give you sole selling rights for an irrevocable TWELVE MONTH period subject to my/our options under clauses 12 and 13. I/We agree that these sole selling rights shall remain in force after that date until terminated by me/us or alternatively by your company. Termination, by either of us must be delivered in writing by registered or recorded delivery post, and must provide 28 days advance notice.
Clause 14 states : I/We agree that upon me/us or alternatively you serving notice of termination of this agreement in accordance with clause 2, and provided that this termination in no way breaches any other clauses contained herein, then I/we agree to pay you the sum of nine hundred and fifty pound plus vat as a withdrawal fee. This sum to be paid no later than the required notice period, or forthwith if notice is not applicable. I/we understand this fee is to cover any and all work you have carried out in order to earn your commission.
Expert:  Ash replied 10 months ago.
Does it say anywhere it's sole for a certain period of time?
Alex
Customer: replied 10 months ago.
12 months is mentioned in clause 2 which i have sent you, but it goes on to say they retain sole rights shall remain in force after that period too unless i pay them £900.
Expert:  Ash replied 10 months ago.
It's bad news then. All you can do is argue the clause is unfair.
Regulation 5 of the unfair terms in consumer contract regulations 1999 states
Terms
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.
That is your best arguing points. Can I clarify anything?
Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice