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    • CommonMan
    • By CommonMan 15th Oct 16, 11:51 AM
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    CommonMan
    Docusign Contract -Does 14 day cooling period apply?
    • #1
    • 15th Oct 16, 11:51 AM
    Docusign Contract -Does 14 day cooling period apply? 15th Oct 16 at 11:51 AM
    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?
    Last edited by CommonMan; 17-10-2016 at 4:38 PM.
Page 1
    • walwyn1978
    • By walwyn1978 15th Oct 16, 12:33 PM
    • 197 Posts
    • 176 Thanks
    walwyn1978
    • #2
    • 15th Oct 16, 12:33 PM
    • #2
    • 15th Oct 16, 12:33 PM
    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?
    • eddddy
    • By eddddy 15th Oct 16, 12:46 PM
    • 3,834 Posts
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    eddddy
    • #3
    • 15th Oct 16, 12:46 PM
    • #3
    • 15th Oct 16, 12:46 PM
    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.
    Last edited by eddddy; 15-10-2016 at 12:49 PM.
    • G_M
    • By G_M 15th Oct 16, 2:26 PM
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    G_M
    • #4
    • 15th Oct 16, 2:26 PM
    • #4
    • 15th Oct 16, 2:26 PM
    I agree with other posters, but you may be jumping the gun. 10 (or so) days is not long.....
    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.

    Originally posted by CommonMan
    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.

    I would have thought, though, that online signing allows the 14 days cooling off.
    • CommonMan
    • By CommonMan 17th Oct 16, 3:46 PM
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    CommonMan
    • #5
    • 17th Oct 16, 3:46 PM
    • #5
    • 17th Oct 16, 3:46 PM
    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?
    Originally posted by walwyn1978
    No mention of cooling off period whatsoever in the contract.
    • CommonMan
    • By CommonMan 17th Oct 16, 3:58 PM
    • 6 Posts
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    CommonMan
    • #6
    • 17th Oct 16, 3:58 PM
    • #6
    • 17th Oct 16, 3:58 PM
    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.
    Originally posted by eddddy
    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!
    • Guest101
    • By Guest101 17th Oct 16, 4:19 PM
    • 11,964 Posts
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    Guest101
    • #7
    • 17th Oct 16, 4:19 PM
    • #7
    • 17th Oct 16, 4:19 PM
    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.
    • Guest101
    • By Guest101 17th Oct 16, 4:19 PM
    • 11,964 Posts
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    Guest101
    • #8
    • 17th Oct 16, 4:19 PM
    • #8
    • 17th Oct 16, 4:19 PM
    No we did not and with due respect can I say you sound like the agent
    Originally posted by CommonMan


    Yes you did, otherwise you would not complain about no viewings when your in the cooling off period!
    • CommonMan
    • By CommonMan 17th Oct 16, 4:33 PM
    • 6 Posts
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    CommonMan
    • #9
    • 17th Oct 16, 4:33 PM
    • #9
    • 17th Oct 16, 4:33 PM
    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.
    Originally posted by Guest101
    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 .
    Last edited by CommonMan; 17-10-2016 at 4:35 PM.
    • Guest101
    • By Guest101 17th Oct 16, 4:46 PM
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    Guest101
    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 .
    Originally posted by CommonMan


    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?
    • CommonMan
    • By CommonMan 17th Oct 16, 5:40 PM
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    CommonMan
    Justice, I suppose.

    There will have to be diciplinary action againt the agent for denying us our legal rights.
    • Guest101
    • By Guest101 17th Oct 16, 7:58 PM
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    Guest101
    Justice, I suppose.

    There will have to be diciplinary action againt the agent for denying us our legal rights.
    Originally posted by CommonMan
    Justice? The agent hasn't even had a chance to properly market it.

    You don't get to decide if there 'disciplinary action'.

    Most people would say to get my house sold, so I'd suggest you are just picking a fight.

    Good day
    • mrginge
    • By mrginge 17th Oct 16, 8:52 PM
    • 3,332 Posts
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    mrginge
    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.
    Originally posted by Guest101

    I'm afraid this is incorrect.
    • Guest101
    • By Guest101 17th Oct 16, 9:01 PM
    • 11,964 Posts
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    Guest101
    I'm afraid this is incorrect.
    Originally posted by mrginge
    An informative comment as always MrG
    • mrginge
    • By mrginge 17th Oct 16, 9:08 PM
    • 3,332 Posts
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    mrginge
    An informative comment as always MrG
    Originally posted by Guest101
    Informative and accurate.
    • CommonMan
    • By CommonMan 17th Oct 16, 9:34 PM
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    • 0 Thanks
    CommonMan
    Justice? The agent hasn't even had a chance to properly market it.

    You don't get to decide if there 'disciplinary action'.

    Most people would say to get my house sold, so I'd suggest you are just picking a fight.

    Good day
    Originally posted by Guest101
    People say there is a special place in hell for such people. I am not sure about that but want to make sure atleast there is a place in cell!

    Ceck facts, a hounslow estate agents license got revoked for such misconduct
    • Grenage
    • By Grenage 17th Oct 16, 11:10 PM
    • 877 Posts
    • 822 Thanks
    Grenage
    I've seen a few online agreements where it mentioned a 14-day cooling-off period, and that the installation/activation/whatever would begin after that time.

    There was often a tick-box option to forgo this period, and begin immediately. I'm pretty sure this is quite common, and I think when I sold with Purple Bricks they had the same choice
    • eddddy
    • By eddddy 18th Oct 16, 9:49 AM
    • 3,834 Posts
    • 3,477 Thanks
    eddddy
    I've seen a few online agreements where it mentioned a 14-day cooling-off period, and that the installation/activation/whatever would begin after that time.

    There was often a tick-box option to forgo this period, and begin immediately. I'm pretty sure this is quite common, and I think when I sold with Purple Bricks they had the same choice
    Originally posted by Grenage
    And even if you tick that box, you can still cancel the contract within 14 days.

    The only difference is, if you tick that box the EA can charge you any costs incurred up until the point you cancel.
    • alchemist.1
    • By alchemist.1 18th Oct 16, 10:26 AM
    • 792 Posts
    • 616 Thanks
    alchemist.1
    Bear in mind a lot of the costs are front loaded and if its a case of a fixed fee, most of it will be taken up anyway even if you cancel.
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