Estate Agent Cooling Off Period

dotcomconfused

Hello

I am hoping someone can help.

8 days ago I entered into a contract with an Estate Agent to sell my house. I signed the contract in my home. At the time no information was given about a 14 day cooling off period, either verbally or in the contract. I am unhappy with the service given by the agent and wish to cease working with them.

I called Citizens Advice this morning to double check my rights and they told me that property transactions are not covered under the Consumer Contract Regulations. All advice on the internet seems to say that Estate Agent contracts ARE covered when signed off the agent's premises. Which is correct?

As there is no information in the contract regarding any cooling off period, is the agent in breach of the law for not providing this information?

Thank you in advance for your help.

maninthestreet

Unhappy after 8 days? What has gone wrong?

dotcomconfused

I can't really go into the details on here, I'm afraid. Just looking for advice regarding whether the 14 day cooling off period exists. Thanks

vuvuzela

What you signed probably contained a disclaimer allowing them to start marketing the property immediately, hence you waiving your cooling off period - this is becoming standard it seems. You need to read it thoroughly.

ReadingTim

Check what the contract says about termination. However, while a cooling off period may (or may not apply), you will probably be liable for any costs they've incurred with marketing your property to date.

dotcomconfused

Hi thanks for the reply. There is nothing in the contract the waivers any cooling off period as no cooling off period is even mentioned.

Nobbie1967

Has citizens advice not heard of Google? I found articles confirming that you have a right to cancel within 14 days unless you signed away these rights to get the marketing started. Even then, you can still cancel, but have to pay for services already provided such as adverts/photos.

http://www.propertyindustryeye.com/new-cooling-off-period-to-be-extended-to-14-days/

dotcomconfused

Exactly what I found. Really unimpressed by Citizens Advice. The woman was unsure, went to ask someone and then came back adamant that there was no cooling off period. I've now found it in the Property Ombudsman Code of Practice For Residential Estate Agents.

It states...

Your terms of business must clearly state the minimum duration of your instruction,and how it can be terminated by either party. When a contract is signed by a client on a visit by you to his home, at his place of work, away from your premises or online, then he must be given the right to cancel that contract within 14 days of signing. He should be given a 'Notice of Right to Cancel'. Where the client wishes the contract to begin before the end of the 14 day cancellation period you must obtain confirmation of that request in writing. Where you intend to recover costs incurred during this cancellation period you must obtain the client's agreement in writing to those specific costs before work commences.

In my case, no Notice of Right to Cancel was given and no specific costs for work during the cancellation period were agreed to in writing.