Cancelling contract in 14-day cooling-off period - help needed please

SRH_2

I signed a contract to sell my flat with an estate agent nearly two weeks ago. I'm not happy with the service so far and want to cancel before the 14-day cooling-off period ends (I signed the contract in my home).

My concern is that there is mention in the contract that I will be charged for services provided so far but there is no mention of what those charges might be or how they will be calculated.

It has been a shambles from start to finish. We agreed verbally that I would be able to proofread and approve the brochure before it was marketed and listed online. It took a week for the brochure to be sent to me despite their claims it would only take 24 hours to produce. Not only was it full of typos, there was no photo of the front of the property, there were no room measurements or descriptions of the rooms, the floor plan was wrong and there were factual errors in the description. Even worse, the asking price was completely wrong - £25,000 less that we had agreed in the contract.

I was not happy... then I spotted it had been listed on RightMove with all these errors and without my prior approval.

Over the last few days I have done everything I can to resolve this. I have even measured the rooms and written the spec myself for them. I asked them to pull the adverts until I was happy with the brochure and listing.

They pulled the listing... but have now put it up again without telling me, complete with even more errors. They are now not returning my messages.

They left a message at the weekend to say they were doing a viewing today but I don't honestly think it will lead to a sale if the price is listed incorrectly.

So, if anyone has any advice that would be great please.

1. Can they bill me for 'services' when they have ignored my messages and not marketed the property properly? Does the viewing going ahead constitute the end of the cooling-off period even though I specifically said no viewings until the advert was correct?

2. Does verbal agreement/contract actually stand (i.e. that we agreed that they would not market the property until I had approved the spec)?

3. Should I give them one last chance to put things straight? Bearing in mind they are not returning my messages and have already put the flat out to advert with factual errors and ignored my wishes?

4. Maybe I'm being naive but why would they appear to take on my business and then do this?

5. If they do charge me for 'services' so far what can I do to dispute this? Ask for what services exactly? Go to an ombudsman? Or bill them for the services I have provided for them in writing the spec and measuring the rooms etc?

Thanks.

G_M

See

https://forums.moneysavingexpert.com/discussion/5475415

SRH wrote: »

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My concern is that there is mention in the contract that I will be charged for services provided so far but there is no mention of what those charges might be or how they will be calculated.
They should be reasonable or accurate charges for the services provided to date

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So, if anyone has any advice that would be great please.

Personally I would tell them to cancel the viewing. Will or can you be at the property at the scheduled time? If so, and they turn up with buyer, refuse them access explaining why and embarras them in front of the buyer. That will get their attention!

1. Can they bill me for 'services' when they have ignored my messages and not marketed the property properly?
Of course they can bill you.

And of course you can refuse to pay if you feel the service provided is not 'fit for purpose'.

Does the viewing going ahead constitute the end of the cooling-off period even though I specifically said no viewings until the advert was correct?
No - the 'cooling off period' is defined by law, not by the actions of one party.

2. Does verbal agreement/contract actually stand (i.e. that we agreed that they would not market the property until I had approved the spec)?
Yes a verbal agreement is valid, unless it is cancelled/superceded by a later agreed written agreement.

3. Should I give them one last chance to put things straight?
I wouldn't. But you might want to.

Personally I think they've demonstrated a lazy, unprofessional, if not incompetant approach to marketng your property. Why would you want them to continue?

Bearing in mind they are not returning my messages and have already put the flat out to advert with factual errors and ignored my wishes?
As above.

4. Maybe I'm being naive but why would they appear to take on my business and then do this?
1) Commission driven. Quicker they get it advertised quicker they get their commission.
2) End of 'sales month' approaching, with perhaps a target to achieve for number of new properties signed up, advertised, whatever
3) pure incompitence and iliterecy (noone can spel nowerdays)

5. If they do charge me for 'services' so far what can I do to dispute this? Ask for what services exactly? Go to an ombudsman? Or bill them for the services I have provided for them in writing the spec and measuring the rooms etc?

Thanks.

Write a letter. Yes, a letter. Hand deliver and collect your keys at the same time. If they prevaricate, just make a fuss and demand your keys (in the office). Refuse to leave without them.

Make the letter factual, listing the issues (bullet points), explaining you are terminating the contract based on either

* cooling off period, and/or
* breach of contract (as listed)

Make clear you have no intention topay for any services to date as all services provided so far have been either

* inaccurate and/or
* contrary to agreed timescales and processes


Then visit 3 more local agents.

SRH_2

Thank you so much. This is really helpful.

metamatic

If you hand deliver the letter you could always hang around outside for a while until there a few other people in the shop.

Sometimes better to have an audience in situations like this.

G_M

metamatic wrote: »

If you hand deliver the letter you could always hang around outside for a while until there a few other people in the shop.

Sometimes better to have an audience in situations like this.

Indeed.

And when the manager tries you usher you into a back office to 'sort this out', don't budge. Stay in the main shop area where manager and staff will be embarrased by any conflict in front of other clients, especially if you start listing their faults loudly. You could even read out your letter........