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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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In Nov 2014 I met with a sales rep from RTA business and agreed

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In Nov 2014 I met with a sales rep from RTA business and agreed to market the sale of my b&b with them. I stipulated at the time I would only agree to the marketing for 6 months, this was agreed and written on the contract. I thought after the 6 months were up it would automatically be withdrawn from the market and was therefore surprised when in Nov 2015
I received an email updating my details etc. I wrote to RTA in March and asked them to withdraw my property and have since received a letter demanding £1800 cancellation fee. To my dismay this was written in the small print and also that it was a rolling contract. The rep at the time never indicated any of this to me and I have not received one referral, one phone call from this company in the 17 months my house has been listed. I paid an upfront fee of £300 for so called admin fees and like many others now feel that I am being taken to the 'cleaners' for the want of a better word. They are threatening further action unless this is paid within the 28 days notice required to cancel the contract. I live in Scotland and wonder if this makes any difference to any court action they may take. I have written to them asking to re consider but have yet to receive a reply. It would also appear that this company has a history of conning people with their sales talk and urgency to sign a contract without divulging the full details of their terms and conditions at the time of the sales pitch. Any help with this matter will be appreciated. Alison Stevens
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
If it was written on the front of the Contract that they would only market for six months then it could be argued that this is a variation of the standard small print contract. You may also have a case for breach of contract in that they didn't actually market your property properly. Thirdly, if you weren't given the opportunity to read the contract then the contract may be voidable through misrepresentation. I would fight fire with fire on this and perhaps make some of these points to them. The jurisdiction will depend on whether this is a consumer contract or a commercial contract. A consumer is entitled to sue and be sued in the court near his or her residence, in this case your local sheriff court. If a commercial contract then you can be sued in whichever court / country the contact provides. You may want to see a solicitor to reply to them in writing on your behalf you may want to have your own solicitor reply to them on your behalf. That can sometimes carry more influence than doing so yourself.
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Customer: replied 1 year ago.
It was written on the front of the contract.' It is agreed the length of the agreement in clause 2 has been agreed to 6 months'
There was also a lack of clarity re contract details. They have not delivered on the expectations they portray in their sales pitch.
regards Alison
Expert:  JGM replied 1 year ago.
Thank you for your reply. I think you do have several arguable points as I outlined above as it seems from your narrative they have been less than candid with you. The courts don't like this, nor do they like pushy salesmen.
Customer: replied 1 year ago.
Thank you very much I will see a solicitor here.