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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I was trying to sell my property and decided after 3 months

Customer Question

I was trying to sell my property and decided after 3 months to take it off the market and recruited a letting agent to rent the flat out. I was with the letting a total of 12 days - I signed the contract in my home and there was no mention of a cooling off period. They found a suitable tenant and we agreed a move in date. Then a buyer came forward and offered me the price I needed to clear the mortgage. I then served notice on the letting agent. I have received a bill for £1240.00, as the contract states I have to pay 3 months rent if terminating. I feel since there was no discussion of a cooling off period, I don't agree with this fee and feel a months rent £400 would be suffice. Where do I stand legally?
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

It all depends on the terms of the contract which you entered into.

Generally the only contracts with a cooling off period are those done over the phone and sometimes the Internet.

If the contract states 3 months rent on termination then that is what you are contractually obligated to pay. What you feel is sufficient is not taken into account. This should have been agreed upon before the contract was entered into and reflected as a term in the contract itself.

I appreciate that you may not like this answer as it conflicts with your statement above as to what you feel is sufficient in the circumstances but it is the legal position. I have confirmed the legal position at least.

If you wish, as an additional service, i can review the termination provisions and advise if there is anything which you can do legally.

Do you have any queries or questions in respect of my answer? I am happy to assist further.

Please can I ask you to accept /positive rate my reply otherwise the website will not pay me for assisting you. Many thanks.