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 propertylawyer Your Own Question

propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 240
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
94563951
Type Your Law Question Here...
propertylawyer is online now

I have a contract with an estate agent that I wish to get

Resolved Question:

I have a contract with an estate agent that I wish to get out of. The paperwork hasn't been correctly filled in as a box to be ticked by me stating that I have read and understood the cancellation terms hasn't been ticked and the length of contract has been altered but not added together correctly to indicated the cancellation period. Is the contract void?
Submitted: 5 months ago.
Category: Law
Expert:  propertylawyer replied 5 months ago.

Hi

Contracts can be void for uncertainty in certain circumstances.

Are there other options to tick meaning that nobody would be able to interpret the terms with certainty?

Any emails between the parties as to intended terms prior to signing?

Do you have an electronic copy of the contract?

Customer: replied 5 months ago.
Hi and thanks for the prompt response.I don't have an electronic copy that is legible as the text is too small to scan properly and the emails don't state any intended terms. Also the box is the only one in the section so no real uncertainty there.In regards ***** ***** in contract period the clause I'm questioning is the following:Our sole selling rights will commence from the date of this agreement for an initial period of 12 weeks (manually overwritten the standard 20 weeks) and is thereafter subject to 21 days written notice of termination making a minimum marketing term of 24 weeks.My arguement is simply that 12 weeks plus 21 days doesn't add up to 24 weeks.
Expert:  propertylawyer replied 5 months ago.

If the agent has amended the 20 week term reducing it to twelve the intention was that it would run for 12 weeks. The second term stating the maximum should have been amended too.

There are different rules for interpretation. On a literal interpretation the contract is uncertain. If you were to use the purposive approach you look to the intended purpose, that you and the agent intended on a 12 week period not 20. Therefore when taking into account the 21 day notice period it is unreasonable to conclude the period should be 24 weeks.

Any questions or queries?

Happy to assist further.

Ease can I ask you to accept my reply, otherwise I will not receive credit for helping you. Thanks.

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 240
Experience: Property Solicitor with expertise in commercial and residential property transactions.
propertylawyer and other Law Specialists are ready to help you

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