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CommonMan
Posts: 6 Forumite
Hello -
Does the 14 day cooling off period apply to documents signed via DocuSign?
We signed a contract with a local estate agent via docusign by clicking through the link that was sent to us by email. We are well within the 14 day period and quite displeased with the agency. They have been quite unprofessional. They misguided us on the valuation of the property which has resulted in no viewings. They put up the sale sign in neighbours property and have failed to correct it till date causing unneccesary trouble with our neighbours. We wrote to them few days ago by email and by sending a recorded letter by post to void/cancel the contract. However, the agency is refusing to void the contract saying the 14 day cooling off rule does not apply to documents signed via Docusign. The contract does not specify any terms and conditions around 14 day cooling off period. It does have a general withrawal fee clause which talks about withdraing property at any time by paying a fee.
Could you please advise?
Does the 14 day cooling off period apply to documents signed via DocuSign?
We signed a contract with a local estate agent via docusign by clicking through the link that was sent to us by email. We are well within the 14 day period and quite displeased with the agency. They have been quite unprofessional. They misguided us on the valuation of the property which has resulted in no viewings. They put up the sale sign in neighbours property and have failed to correct it till date causing unneccesary trouble with our neighbours. We wrote to them few days ago by email and by sending a recorded letter by post to void/cancel the contract. However, the agency is refusing to void the contract saying the 14 day cooling off rule does not apply to documents signed via Docusign. The contract does not specify any terms and conditions around 14 day cooling off period. It does have a general withrawal fee clause which talks about withdraing property at any time by paying a fee.
Could you please advise?
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Comments
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Was Docusign mentioned in the T's & C's of the contract or did it say in the email that there was no cooling off period?0
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The use of docusign is irrelevant.
If you signed the contract away from the EA's premises (e.g. at home with your computer), you have a 14 day cooling off period.
However, if the contract authorised the EA to start work immediately, you might have to pay them for any services they have performed so far.
Here's some more info: http://www.propertyindustryeye.com/new-cooling-off-period-to-be-extended-to-14-days/
Edit to add...
If they are making-up stuff like docusign avoids the cooling off period, I'd be very cautious about dealing with them in general.0 -
I agree with other posters, but you may be jumping the gun. 10 (or so) days is not long.....
I would guess that you authorised them to start marketing immediately without waiting for the cooling off period to end (check the wording!), so as a minimum they can charge their costs to date.Hello -
....... They misguided us on the valuation of the property which has resulted in no viewings.
Ultimately the decision on price is yours. Agents often recommend ambitious prices in order to secure your contract. What did other agents recommend?
10 days without viewings? Too soon to judge.
They put up the sale sign in neighbours property
Mistakes happen. The contractor they use made an error.
and have failed to correct it till date causing unneccesary trouble with our neighbours.
/?? Not hard for the neighbours to take it down.
I would have thought, though, that online signing allows the 14 days cooling off.0 -
walwyn1978 wrote: »Was Docusign mentioned in the T's & C's of the contract or did it say in the email that there was no cooling off period?
No mention of cooling off period whatsoever in the contract.0 -
The use of docusign is irrelevant.
If you signed the contract away from the EA's premises (e.g. at home with your computer), you have a 14 day cooling off period.
However, if the contract authorised the EA to start work immediately, you might have to pay them for any services they have performed so far.
Edit to add...
If they are making-up stuff like docusign avoids the cooling off period, I'd be very cautious about dealing with them in general.
Thank you. They are absolutely going against the law by making stuff up like this. Neither are they accepting our rights to cancel nor are they producing evidence to support their statement!0 -
Your 14 day cooling off period can be voided by agreement.
IE if the agent starts work straight away then your cooling off period can be removed.
You should just pay the 10% now as a withdrawal fee.0 -
Your 14 day cooling off period can be voided by agreement.
IE if the agent starts work straight away then your cooling off period can be removed.
You should just pay the 10% now as a withdrawal fee.
As per the regulations I have read, the agent would have to get customer to sign a consent form to void cooling off period. Agent would also have to outline the cost clearly in the contract from onset which would be applicable if the customer then, having initially agreed to void cololing off period, decides to cancel anyway .0 -
As per the regulations I have read, the agent would have to get customer to sign a consent form to void cooling off period. Agent would also have to outline the cost clearly in the contract from onset which would be applicable if the customer then, having initially agreed to void cololing off period, decides to cancel anyway .
What is it you want to achieve?
The Agent says you owe them 10%, you say you don't.
Now you can of course instruct another agents etc. BUT agent 1 then comes back either claiming their 10% fee OR claiming the full fee if you have sold. - Are you going to defend that claim in court?0 -
Justice, I suppose.
There will have to be diciplinary action againt the agent for denying us our legal rights.0
This discussion has been closed.
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