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Estate Agent claiming full fee due despite early cancellation

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I recently entered a contract with an estate agent called Remax signing on the 21st of March 2018 due to the failure to get one visit booked within the first week whereby there was 350 online views and a failed attempt to cooperate with another estate agent to work together in selling the property.

 

I didn’t hear from the agent in a week and he didn’t respond to a message I sent him asking for an update. Hence, I decided to cancel and go with another agent.

 

This is the wording from the contract:

 

If you are a consumer client and this contract was not agreed within our premises you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day this contract was agreed.

 

To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to: RE/MAX Right Step, 1b Hall Lane, London, E4 8HH or emailing us.

 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

If you choose to cancel the agency agreement, you will be required to pay for the services supplied prior to cancelation, such as For Sale boards, advertising, property particulars, Energy performance certificates etc.

 

Where we introduce or have negotiations with the ultimate purchaser of the property before you exercise your statutory right to cancel the contract, this contract will be deemed to have been fully performed and the agreed agency fee would be due, notwithstanding that cancellation took place.

 

Is this legally right given he was notified on 1 April 2018?

 

Thank you

Edited by dx100uk
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Have they performed any of the above ?


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Where did you enter into the contract? Was it online, on the telephone or in their office?


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so what exactly di you say in your letter of cancellation?

 

On the face of it you have abided by the terms laid out so what are they asking for (ie amount and reason)

 

I am assuming that this is a fixed fee agency rather than one that charges upon completion of the sale.

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Have they performed any of the above ?

 

They have yet to send me an invoice for their ‘services’ but are not referring to the notice of cancellation that was sent to their franchisee stating that they never received notification of cancellation.

 

The T&C’s state that it should be in writing to their head office or to their email.

 

I didn’t send it to their head office email but to the representative I.e. franchisee, twice by email.

 

They state that they are within their rights to invoice me and to claim commission on the sale of the property regardless of whether the buyer was from having seen the property marketed by them. I have written to the property ombudsmen who say they will review the case.

 

Where did you enter into the contract? Was it online, on the telephone or in their office?

 

Te contract was discussed over the phone and sent by email and returned signed by email to the representative I.e. franchisee.

 

REMAX draw the distinction between themselves and the franchisee stating that they are in control of the marketing and hence the notice of cancellation only is registered when sent directly to them.

 

so what exactly di you say in your letter of cancellation? On the face of it you have abided by the terms laid out so what are they asking for (ie amount and reason)

I am assuming that this is a fixed fee agency rather than one that charges upon completion of the sale.

 

The Cancellation of Contract stated the following:

 

Sunday, 1 April 2018

 

Re/Max Right Step Property

1b Hall Lane

London, E4 8HH

 

Dear (Estate Agent name)

Re: (property address)

I recently entered into a Sales Agency Agreement with yourself as sole agent on 21 March 2018 online by way of sending you an email (agents.name@remax.co.uk).

 

In accordance with my rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and with the contract terms requesting cancellation within 14 days from signing,

 

I would like to cancel the contract on the basis that there hasn’t been any signs that your methods of marketing have yielded any serious potential buyers in the first week when the first three weeks are expected especially as this is a bank holiday weekend, to generate the most interest.

 

I also have had no communication from you all week despite assurances that you were to follow-up with Winkworths last Monday.

 

Furthermore, a competitor is offering a lower commission rate of 1.5% and is already representing properties in the block.

 

I require written confirmation from you that the contract has indeed been cancelled and that no payment will be claimed by you.

Yours faithfully,

Edited by dx100uk
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as you have a copy of the email then they cant claim they havent got it.

 

That would be like saying they didnt get a letter because their guard dog ate it therefore you didnt send it.

 

In short they dont have a leg to stand on and no reason to claim anything from you for any reason.

 

They are just annoyed that they cant have some money for nothing

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The outcome was?

 

 

The problem is the Contract was not signed on EA premises, so no 14 day cooling-off period.

Also bad move to suggest you want to cancel because another EA is prepared to offer a lower commission.

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Wrong way round Mariner

 

* Contracts signed in the agent’s office do not carry a right to cancel. Certain information must be provided to the consumer, clearly explaining this.

 

* A contract signed away from the agent’s premises, gives the seller a right to cancel and a cancellation notice must be given to the consumer, before the contract is signed.


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