Hello, welcome to Justanswer. My name is Tony and I shall try and help you with this.
Are you within the "cancellation period" that the clause refers to?
in the contract it is written that the contract is for min of 12 weeks. We signed it on 13th May
Does it say what the cancellation period is thought that the clause refers to?
we can give them 4 weeks notice and therefore cancel after week 8 that's all it says
It's always difficult to judge these things without seeing the complete contract, but it seems to me that it is saying that if you pull out, then they would be entitled to their fees anyway.
But, oddly, this leaves a great big gap potentially in their terms and conditions.
If you only have to pay comission for tenants found in the cancellation period, then by not serving notice, you're not likely to be in the "cancellation period" and hence, there is no need to pay the commission at this stage.
I doubt that can be what was intended though.
We are selling the house though not renting it out
Yes, I understand.
It seems very unfait to have to pay them a comission for introducing a buyer given that we don't want to proceed with the sale
I meant 'unfair'
it doesn't make sense
Are you still there?
Just technical issues here.
Yes, it does seem a little unfair, but in contract, fairness isn't really a consideration. It comes down to what you agree to more often that not.
You could challenge this though, especially if the agent is a member of the Property Ombudsman scheme. Do you know if it is?
they are big so should be
can we get around it by cancelling the offer on the house and cancelling the contract a few days later
so the cancellation of the contract will be after cancelling the offer
They often have special wording to stop that - something like if the person we introduce buys the house within 12 months of cancellation etc. then you're liable.
But, if they don't have that wording, it might be possible to do as you're suggesting.
The liability though is usually paid when they introduce somebody that does buy, not usually when you choose to cancel within a certain period.
we do not intend to sell it for another 6 months at least
we just want to end the contract with the estate agents
Why dont you do a deal with the agent that you'll put it back on the market and sell it in 6 months and they can have exclusive rights to doing it for you on the present terms?
because we are not happy with them
Then you need to get the whole of the contract looked at really, to be able to understand what your position is.
I can comment on specific terms for you, if you set them out carefully and in full for me, but its probably best to be completely honest with you to get the contract looked at as a whole by a solicitor near to you.
Do you want to set out the specific clauses for me to comment briefly upon?
You've rated poor service and I would like to help you change that if I may?