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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year 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 1 year ago.
The contract says in small print that I have to give 28days notice nothing else
Expert:  Jo C. replied 1 year ago.
From what date?
There is probably more than that in the small print.
Customer: replied 1 year 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 1 year ago.
Ok.
But what is the wording on the notice period?
Customer: replied 1 year 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 1 year ago.
Are they saying it rolls over automatically into another 12 week?
Does it comment on that?
Customer: replied 1 year 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 1 year ago.
The marketing commencement date was the 8th September 2015.
Expert:  Jo C. replied 1 year 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. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's very helpful thank you very much for your time.
Kind Regards
Jacqui Kershaw
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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