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 Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have had my property on the market weeks, I was

Customer Question

Hi, I have had my property on the market for 18 weeks, I was in a 12 week contract . I gave notice to withdraw after 18 weeks and was told I needed to give 28 days notice which ends on the 2nd Feb. I am not selling the house I have had an unforeseen family emergency, I have told the estate agents this despite this they keep phoning me constantly and bombarding me with emails saying I have to do viewings, I have told them this is not convenient and my contract stated that viewings were at my convenience they have said they are suspending my 28 days notice and have threatened me with a£300.00 fee if I don't pay this in 7 days they are going to pass it on to a debt agency with an extra charge of £100.00. I don't have this money have been very upset feel harassed I'm caring for my son now at home and can not sell my circumstances have changed. is there anything I can do.
Jacqui Kershaw
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What does your contract say about notice?
Customer: replied 11 months ago.
The contract says in small print that I have to give 28days notice nothing else
Expert:  Jo C. replied 11 months ago.
From what date?
There is probably more than that in the small print.
Customer: replied 11 months ago.
Contract states that if I do not wish to sell the property during the term off the sole selling rights agreement that they reserve the right to charge an early termination fee off £300, the sole selling rights term is stated as 12 weeks.
Expert:  Jo C. replied 11 months ago.
Ok.
But what is the wording on the notice period?
Customer: replied 11 months ago.
It states word for word
early cancellation of the agreement
Should you wish to cancel this agreement without providing us with the required notice of 28daysnotice, we reserve the right to charge an early termination fee of £300 including vat. Should you market this property with agent for sale or to let during our agreement we reserve the right to charge an early termination fee of £300 including vat. Should it become clear that you do not wish to sell your property during the term of sole selling rights agreement we reserve the right to charge an early termination fee of £300 including vat.
Expert:  Jo C. replied 11 months ago.
Are they saying it rolls over automatically into another 12 week?
Does it comment on that?
Customer: replied 11 months ago.
It says
Sole selling Rights Agency Agreement
This document confirms that you wish to instruct Ben rose estate agents to act as the selling agency in respect of the property detailed above as the sole selling agent for 12 weeks from the marketing commencement date at1.2 percent including vat commission no sale no fee min £1200 inc Vat it mentions nothing about automatically rolling over.
Customer: replied 11 months ago.
The marketing commencement date was the 8th September 2015.
Expert:  Jo C. replied 11 months ago.
On the face of it then, you are out of the 12 week period and not liable to pay.
Even if you did leave during the 12 week period they could still only charge you the sum of their loss. They can't just levy random fees upon you as that is a contravention under UCTA.
I'm not sure on what basis they think it applies if you are outside of the 12 weeks.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 11 months ago.
That's very helpful thank you very much for your time.
Kind Regards
Jacqui Kershaw
Expert:  Jo C. replied 11 months ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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
< Previous | 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
 
 
 

Related Law Questions