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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71038
Experience:  Over 5 years in practice
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I signed an agreement with an estate agent on 3/2/15 to sell

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I signed an agreement with an estate agent on 3/2/15 to sell my house and he was very insistant on what prise it sould go on for. When I went to the office to sign the agrrement I tried to get him to put it on at a higher price but he would not budge. having talked it over with my family they said get another agent in which I did today and his valuation was more in keeping with what I think local houses are selling for . So on the back of the agreement is a cancelling the agency agreement so i took a signed letter into the office today. The agent has left amessage on my phone saying the cooling off period does not apply because the agreement was signed in the office and he has done an online brochure and taken photos. He wants to talk to me and may consider a higher price but still feels it will only sell valuation

Thank you question. My name is ***** ***** I will try to help with this.

What do you want to know about this?
Customer: replied 3 years ago.

is there a cooling of period or am I bound to have to pay the cancellation fee which is six weeks notice in writing and a withdrawl fee of £399

I presume you didnt agree a cooling off period?
Customer: replied 3 years ago.

I saw the cooling off period on the back of the agreement but did not appreciate that this only applied if it was not signed in the office

Do you have the agreement there?
Was does it say exActly on that point?
Customer: replied 3 years ago.

Cancelling the agency agreement

If the agency agreement is made in your home or plase of work in the presence of one of our staff, you have the right to cancel the agency agreement brfore the end of seven calender days from the date of this agreement (cooling off peroid) and you may validly serve on us notice of cancellation

Ok. That is fairly clear I'm afraid and doesn't apply to office sales.
If you do cancel unlawfully then he does only have a claim sum of his loss though which is really only the cost of a few appointments with you unless he has done other work.
However, you do not have an automatic cooling off right unless the distance selling regulations apply and they do not if you did this deal in his office.
Sorry if that is bad news.
Can I clarify anything ?
Customer: replied 3 years ago.

The valuation visit is free, the contract is a standard pull out the file one, if iam generous he has taken two hours to do the work. would it be ok to try and offer him £60 time

You can make any offer that you like. Generally speaking you need to offer low and then negotiate up.
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