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: 280
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: 11 months ago.
Category: Law
Expert:  propertylawyer replied 11 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 11 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 11 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 and other Law Specialists are ready to help you

Related Law Questions