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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Last Thursday I reserved a property on sale (flat) with a

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Last Thursday I reserved a property on sale (flat) with a property agent ( Prime Property Agents) who charged me £3600 finders fees.
This was all done on the phone -and I agreed verbally to reserve and then paid the fee by credit card. I was advised in the conversation this fee was non refundable. However I got sucked in the sales pitch and had a moment of madness and parted with my cash.
Immediately after I put the phone down I realised that I had made a terrible mistake and rang the agent back (within minutes).
The agent advised me that they will not refund my fees paid as they had clearly advised me before reserving ( they advised that they had recorded the telephone conversation proving I had reserved the property and were aware of the consequences).
They had sent a reservation form after I had paid -which I have not signed or returned.
Full Terms & Conditions were attached to this form.
I also send them an e-mail back confirming that I wish to cancel.
They have refused to pay me back until I mentioned that I have instructed my credit card company under section 75.
They have offered me £2600 refund if I withdraw the section 75 dispute with my credit card company as a good will gesture.
This still leaves £1000 they are not willing to return.
Please let me know if verbal binding contract applies to property buying and whether cooling off period and distant selling regs apply in this case.
My e-mail is***@******.***
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.To confirm it was all over the phone - did they ever tell you that you had 14 days cooling off period?Alex
Customer: replied 1 year ago.
No they did not mention 14 days- I asked but they said there is no cooling off period once I accept
Expert:  Ash replied 1 year ago.
Thanks. You have a 14 day cooling off period under what was the Distance Selling Regulations but is now the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If they do not tell you that you have 14 days then the clock never starts ticking. You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Does this cover buying property where I am paying for their finders fees and once I confirmed verbally they acted upon the service straight away.
Is verbal contract binding in property purchase. I have not signed any forms. They said they have recorded proof that I accepted.
Expert:  Ash replied 1 year ago.
It excludes: construction and sale of immovable property including building of new properties. However in any event you can say that the terms not to give a refund are unfair as per the Consumer Rights Act 2015. The Court can assess whether the term not to refund is fair.But as you say you have a S.75 claim in any event.Can I clarify anything else? Alex
Customer: replied 1 year ago.
Not sure if they will uphold the s75 claim as there are certain things they do not cover - like sale though agents
Can you please clarify if verbal contract is binding in property purchase. I have not signed any forms to reserve. They said they have recorded proof that I accepted.
Expert:  Ash replied 1 year ago.
Verbal is usually binding contract. But here there would usually be a further contract which is exchanged. I would ask for a refund, then if they refuse issue a claim.Commercially they are more likely to refund you. Does that clarify? Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Just one last query- I will apply the above but are there any exemptions they can use in this transaction relating to cooling off and distant selling.
Expert:  Ash replied 1 year ago.
Not for s.75 Alex