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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 1496
Experience:  Freelance Solicitor at Self Employed
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We have an issue over a contract for sale of our house with

Customer Question

We have an issue over a contract for sale of our house with an estate agent. Is that something that you can deal with?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Have you talked to a lawyer about this?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No but do you have a quote for discussion costs please?
Submitted: 17 days ago.
Category: Law
Customer: replied 17 days ago.
I signed a contract with an estate agent on 17th Aug as they had requested a viewing of the house. We hadn’t been ready for the viewing as we had some improvements to make and I agreed to this viewing on the condition that full marketing take place at a later date when we were ready. The sale was not agreed following the viewing.
Some time later I asked about a cool off clause and the estate agent said that was invalid has we had had a viewing and the contract stood.
Yesterday, Oct 14th, we had photos taken of the house for full marketing and the estate age asked us to resign a contract from yesterday’s date as he wouldn’t be able to do full marketing with the time left from the 18wk tie in period in the initial contract. I was not happy that a contract he insisted be enforced was now being scrapped to the estate agents benefit.
I did resign as I felt we had little option if we wanted full marketing from the company.
How do I now stand with regard to this new contract?
Expert:  Vineet S replied 17 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Customer: replied 17 days ago.
Ok, I have outlined my query above.
Expert:  Vineet S replied 17 days ago.

Hi there,

Under the Consumer Contract Regulations , you have rights to cancel a contract that had been made at a distance or “off premises”, not in business premises of the selling agent, then you can cancel the contract if you have changed your mind.

The time in which a client has the right to cancel, known as the “cooling-off” period, is 14 days from the day the contract is entered into providing the client is made aware of their right to cancel.

Expert:  Vineet S replied 17 days ago.

You can cancel the contract in cooling off period, if the contract is signed at your home.

Expert:  Vineet S replied 17 days ago.

Their failure to inform their client that they have the right to cancel means that the 14 day cooling off period has yet to begin, leaving clients the right to cancel your contract at any time.

Customer: replied 17 days ago.
But how do we stand with them insisting we sign a new contract or they wouldn’t provide all services thereby extending the tied in period?
Expert:  Vineet S replied 17 days ago.

if you are not signing the contract together with the Agents, simultaneously, at their business premises, then it is likely to be deemed distant selling and the 14 day cooling-off period comes into play.

Customer: replied 17 days ago.
Are these just automated responses?
Expert:  Vineet S replied 17 days ago.

If the previous signing was signed off-premises, and the agent did not inform you about cooling off period ,that means you were not bound by that contract , and can terminate it , and can not be forced to sign a new one.

Expert:  Vineet S replied 17 days ago.

No , these are not automated replies. Please note, replies get delayed at times.

Customer: replied 17 days ago.
Thanks but the issue is that they said we could use the existing contract and they wouldn’t provide full marketing or we could resign for full marketing. The original date was pushed by them and not us.
Expert:  Vineet S replied 16 days ago.

Could you please confirm if they were not offering full marketing in the previous contract?

Customer: replied 16 days ago.
They were offering full marketing in the original contract once photos were taken.
Expert:  Vineet S replied 16 days ago.

So, photos got delayed?

Expert:  Vineet S replied 16 days ago.

Due to repair works or due to the inaction of the agents?

Customer: replied 16 days ago.
Delayed due to repair work. These time scales were always outlined from the start by us and Oct was always a target date. The agent pushed for an early viewing and hence initial signing of contract knowing photos couldn’t be take for several weeks.
Expert:  Vineet S replied 16 days ago.

So, you asked for full marketing, which was not possible without the photos, which got delayed due to repair works,

, you would not have signed the earlier contract, if full marketing was not possible then.

Expert:  Vineet S replied 16 days ago.

You would have to sign this full marketing contract now, if you are not happy with the duration of it, you could have negotiated on the term of its validity.

Customer: replied 16 days ago.
We were not told that the delay would result in the agent not being able to offer ful marketing. They were fully aware of the delay or target date.
Expert:  Vineet S replied 16 days ago.

Were they involved in the repair work of your property as well?

You mentioned that photos got delayed due to repairs?

Customer: replied 16 days ago.
No they weren’t involved in work carried out. Not actually repairs but finishing building work, the timescales of which the agents knew all along. As I have said, the original contract was only signed as they pushed for a viewing knowing the house wasn’t ready. They held us to that contract until yesterday when they insisted film marketing could only be provided if a new contract and extended tie in was signed.
Customer: replied 16 days ago.
That should have read full marketing!
Expert:  Vineet S replied 16 days ago.

Right, if both the contracts signed off-premises , and in the first one, you were not made aware of your cooling -off rights of cancellation, then you can still terminate it .

Regarding the contract entered yesterday, again if it is off-premises contract, then cancel it within 14 days, and ask for a shorter duration, full marketing contract.

Customer: replied 16 days ago.
Ok - thanks. I think that clears it for me.
Expert:  Vineet S replied 16 days ago.

Thank you and all the best.

Customer: replied 16 days ago.
Cheers