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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Morning, Madam/Sir. We would like to ask your kind

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Good Morning, Madam/Sir.

We would like to ask your kind help. This is the situation:
We want to sell our house and we have signed a contract for agency services with Express Estate Agency on 11 March 2014. We called the agency and had a word with an agent on 13 March and let them know that we want to pull out, do not wish to use their services any longer. The agent said we could do it within the 7 days cooling off period. We sent an e-mail on 17 March and let the agency know that we wanted to pull out from the sale with them.
They replied that we were liable to pay the Express Estate Agency commission if we exchange contracts with any purchaser within the sole selling rights agency agreement (20 weeks), whether introduced by the Express Estate Agency, privately or any other private agency.
We would like to know why we do not have the right to pull out during the cooling off period without paying them a lot of money.
Would you please let us know what we can do?
Kind regards.
Hajnal Szoczi and AdrXXXXX XXXXX [email protected]

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you sign up by Internet or phone or go into their offices please?
Customer:

By the internet

Customer:

Hello, Alex.

Alex Watts : Thank you. On what basis do they say the cooling off does not apply?
Customer:

I do not know. They have just sent us an e-mail and they wrote in that e-mail that we were liable to pay the Express Estate Agency commission if we exchange contracts with any purchaser within the sole selling rights agency agreement (20 weeks), whether introduced by the Express Estate Agency, privately or any other private agency - as I have put it down above. They just did not take in consideration that the withdrawal happened during the cooling off period.

Alex Watts :

Well sadly they are wrong

Alex Watts :

Distance Selling Regulations apply.

Alex Watts :

You are entitled to a 7 day cooling off period if you concluded the contract by phone.

Alex Watts :

Therefore they can not charge you.

Alex Watts :

If they try and take it to Court (if its less than £10,000 it would be a small claim anyway), you can plead the defence of the DSR's

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

We did not conclude the contract by phone, a person came here personally and we signed the contract here, in our house. Previously they called us on phone and offered their services - that really happened by phone. But for the signing the contract their agent came here to our home - as we wanted to sell the house they had to come here and have a look. We signed the contract only after this procedure. Does it change anything? So briefly: it were not us who called them and asked their services, they called us and they offered their services.

Alex Watts : They still need to give you cancellation rights under the doorstep selling regulations.
Customer:

Thank you very much, Dear Alex. Have a good day!. Bye.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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