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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have signed under persuasion of false hopes a contract to

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I have signed under persuasion of false hopes a contract to sell my house however the start date was entered as 12/2/14 but the salesman entered the date of signing as 11/12/14 for his and mine signatures. Can I invalidate this contract ?
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

A Sale Contract for a property is normally prepared by a Solicitor. You mention a salesman- could you please give me a little more information please?

Thanks
AL
Customer: replied 4 years ago.

This is just an agreement to advertise the property for us on their web site for 20 weeks. they agreed to a sales marketing price then a week later said they wanted to drop the asking price by 10k to get foot fall through the door and are asking 1.95% commission. If we sell ourselves or through another agent they still want their money even after we give 14 days notice at the end of the period. The company is `Express Agencies` They offered a free `energy report` as a carrot.


Hi Ian,

Thanks for your reply.

I'm not an expert on Estate Agents agreements, so I will opt out and allow a fellow Expert to assist you.

Kind Regards
AL
In short they have not done what is required?

What is the cancellation notice or clause please?

Customer: replied 4 years ago.

The seller cannot terminate the sole selling rights agreement during the sole selling rights period set out above. Start date 12/2/14 for 20 weeks


Seller or Agent can terminate in writing giving 14 days notice after the 20 week period.


Agent can claim commission for up to 9 months after the minimum period if purchased by someone introduced during the selling period.


Salesman dated both signatures on the agreement as 11/12/14.


How can I att. a pdf copy for you to see ?


.

Are you saying you didn't sign the contract?

Customer: replied 4 years ago.

No, I did sign but the salesman dated it but I did not notice the wrong date at the time as he removed the dup. copy and left it on the table as he went.

So its only the wrong date and you want to invalidate the contract because of this?

Customer: replied 4 years ago.

If possible I don`t think this is a very ethical company and their efforts are nothing like expressed by the salesman, they do not seem to be making much effort for their required 1.95% commission. If I advertise with another company that sells my property would I have a reasonable case to refuse this companies commission demand should they so do in court under these circumstances.

But are you trying to cancel on the basis of the wrong date, forget whether they are ethical or not?

Customer: replied 4 years ago.

yes

You can't cancel the contract, the date can simply be amended.

Even if it went to court a judge would just amend the date. Clearly it was intended to be the other date.

But that does not make the contract void.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty tone honest.

Can I clarify anything for you about this today please?

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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