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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
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I have unwisely signed a contract with an agent that promised

Resolved Question:

I have unwisely signed a contract with an agent that promised a quick sale of my house (within a few days) for a fixed price. The agreed price was based on a valuation that was presented to me as independent, I have since learned it was a gross under valuation and that they were fully aware of this when persuading me to sign. Even though I feel a fool now for not getting a further independent valuation, the process was utterly convincing at the time. These people are very good at what they do.
I have 2 questions regarding contract law:
1- is the fact that I signed the contract based on misleading/fraudulent information, sufficient to invalidate the contract?
2- One clause in the contract says I may not terminate it during the first 6 months, elsewhere another clause specifies the steps I must take in order to terminate it during the first 6 months and the sum I would owe the agency if I do. Does one of these contradictory clauses necessarily take precedence over the other?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
Please tell me what you mean "by pressed ahead with the sale". Has a formal written offer been received for your house?
Customer: replied 1 year ago.
No, the arrangement is an assisted purchase: I've been promised a minimum amount from the sale on the basis that the sale would complete very quickly (within days after the contract in May)
I mean 'pressed ahead' in the sense that after I indicated I didn't wish to proceed, this wish was ignored and the property was advertised on internet property marketing sites: RightMove, S1properties etc.
Expert:  JGM replied 1 year ago.
Using this type of company is never a good idea. In normal circumstances the trade off is a quick sale but a lower price. As they haven't made a quick sale my initial reaction would be that you walk away from the contract. However, I would have to see the contract you have signed to be sure about that.
Could you scan the contract to***@******.*** and ask the moderator to forward it to JGM and I will look at it for you.
Expert:  JGM replied 1 year ago.
Thank you for sending me the contract. I can now answer your questions as follows:
1 if you signed the contract after the flawed valuation was presented to you, you can argue that there was misrepresentation and rescind the contract.
2. The clauses appear to contradict but read one after the other they say that you can't cancel but if you do you have to pay them £3000. However as there is misrepresentation you rely on this and resist the clause that says you have to pay them £3000. If misrepresentation is present then the £3000 clause is irrelevant.
Happy to discuss.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
That's very clear and seems fair (and obviously what I was hoping to hear)
Many thanks indeed
Alastair