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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently had an estate agent come to do a free market appraisal

Resolved Question:

I recently had an estate agent come to do a free market appraisal on my home (9/2/15) whilst there we decided to let him go aheadas we were happy with the valuation, he proceeded to take pictures and also a draft copy of our details and launched the property live on the Internet. We did not sign the contract, he later sent it out in the post for us to sign and return.
However, in the meantime we learned of another agent who's fees were much more reasonable and decided to change agent. We telephoned the original agent and asked them to withdraw the property from sale on the (20/2/15) which they did immediately. We then decided to go ahead and market the property with the other agents.
Now, after finding out that we switched agents the original agent is now trying to charge us for the for sale board, adverts in local paper, enhanced pictures etc ( the property was only online a few days)
We did not sign the contract, are we liable for these charges?
Also the contract form he sent out was printed 2010 and states a 7 day cooling off period, however I have found some information online from estate agents today that states the cooling off period has changed by law to 14 days on the 9th June 2014 so are they in effect using an outdated contract form that is not legally binding anyway? Plus, my husband telephoned the agents on 20/2/15 to withdraw from the market which would have been within the 14 days cooling off period.
Thanks for your help,
Many thanks
Carolyn
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Carolyn my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what the agreement you signed says about cancelling the agency instruction ?

Customer: replied 2 years ago.
As I said above, I did not sign any agreement. The agreement was verbal only, The agent sent a copy of the contract through the post which arrived a few days later which was never signed.
Expert:  Ash replied 2 years ago.
Ok - then the good news is that you do not owe them anything.
Unless there was a contract which states that you are liable for any cancellation fees then you are not. They can not charge you for a sale board or anything else, because there is no contract which states they are entitled to do that.
No contract for cancellation charges means nothing can be claimed.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
I have been told by citizens advice that I might be in breach of contract as sometimes a contract can also seen to be verbal even without a written contract although he was very unclear on this matter.
As I said the actual contract arrived through the post several days later and I did not sign it. Many thanks
Expert:  Ash replied 2 years ago.
It can, but the terms must be agreed including cancellation. If they did not mention cancellation fees then you are not bound by that, even for a verbal contract.
Does that clarify for you?
Alex
Customer: replied 2 years ago.
Thanks, ***** ***** also clarify if the contract that use is out dated and still legally binding (if signed) it states a 7 day cooling off period and the contract paper was printed in 2010.
However, I have read a publication online ( estate agents today) that states the rules were changed last year and all agents must now give a 14 day cooling off period.?
Expert:  Ash replied 2 years ago.
Yes its 14 days cooling off period if you did the deal over the phone/at a distance rather than go into the agents.
Alex
Customer: replied 2 years ago.
The verbal agreement took place at my home?
Expert:  Ash replied 2 years ago.
Yes then 14 days cooling off period.
Does that help?
Alex
Customer: replied 2 years ago.
Yes it does, thank you.
Expert:  Ash replied 2 years ago.
Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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