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Unwanted for sale sign

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  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Freecall wrote: »
    The court will decide on the balance of probabilities whether or not the terms have been accepted and there are strong precedents for acceptance being based on an action of the acceptor (think how many times you have seen ‘installing this software constitutes acceptance of …..).

    Perhaps, but there needs to be an action, not sheer inertia. Even your free software usually requires you to tick a box to confirm you've read the licence.
  • jimpix12
    jimpix12 Posts: 1,095 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    bod1467 wrote: »
    Bear in mind that OP says the sign has already been removed/collected. :)

    I was going to suggest putting the For Sale board up for sale on eBay.
    "The only man who makes money from a gold rush is the one selling the shovels..."
  • Tyler119
    Tyler119 Posts: 341 Forumite
    davidmcn wrote: »
    Perhaps, but there needs to be an action, not sheer inertia. Even your free software usually requires you to tick a box to confirm you've read the licence.

    Indeed, action has to be taken. For example if a letter said in someway, if I don't hear from you within 7 days I will assume that you are accepting the rental terms. A contract cannot be accepted based on the assumption of acceptance.

    If the sign has now been removed, I wonder if the OP took a date stamped photo of the front of his property, every day for the "rental period". If he did not, then they could say it was either never there or removed immediately after they were contacted.
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    Tyler119 wrote: »
    Indeed, action has to be taken.

    Yes, and no action was taken to signify acceptance in this case.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I hope OP takes this to court, but only because I want to hear the outcome.

    But from OP's point of view it would be an expensive gamble....
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    G_M wrote: »
    I hope OP takes this to court, but only because I want to hear the outcome.

    But from OP's point of view it would be an expensive gamble....

    I think the judiciary would take a dim view of it.

    They really don't like being a first resort, so they certainly wouldn't appreciate some clever !!!! attempting to use them for personal gain in this way.
  • Miss_Samantha
    Miss_Samantha Posts: 1,197 Forumite
    If they go to court on the basis of their 'rental agreement' they will most likely lose.

    If they go to court on the basis of trespass they will win.
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