EA contract cancelled during cooling off period, does that mean...

Pepperoni

That the contract was basically never in existence?

We have a private buyer interested in our property, but there's clauses in EA contract RE selling within 6 months of having our house up with them. We cancelled our contract with the EA 5 days after signing, and within the 14 day cooling off period, so just wondering if that means we can just take no notice of the contract now or.... ?

Thanks

mrginge

Correct. You have no obligation to the EA.

G_M

Where were you wnen you signed the cotract? At home or in their office?

Pepperoni

G_M wrote: »

Where were you wnen you signed the cotract? At home or in their office?

The EA signed it in our home. We signed it in our home also, but alone (i.e. once they'd gone). We then took it into their office.

Does that make a difference? :cool:

G_M

http://www.which.co.uk/consumer-rights/advice/how-to-cancel-a-contract-without-being-penalised

If you entered into the contract over the phone, online or on your doorstep, you have 14 calendar days to cancel the contract under the Consumer Contracts Regulations.

eddddy

Pepperoni wrote: »

The EA signed it in our home. We signed it in our home also, but alone (i.e. once they'd gone). We then took it into their office.

Does that make a difference? :cool:

Here's an interesting summary...

... agents must give vendors a fortnight in which they may change their mind about instructing them, without penalty.

This applies only to contracts signed outside of the main business accommodation - so not in agents' offices - but as the majority of vendors' instructions are signed in the home on sale, the importance to agents is considerable.

....

In an interesting piece of legal advice obtained by the NAEA from the a local authority trading standards office, there is ambiguity over whether the cooling off period applies when a vendor has signed a contract in the home but not in the presence of an agent - and then drops the signed contract into the agent's office.

https://www.estateagenttoday.co.uk/894-cooling-off-period-stretches-to-14-days-from-friday

G_M

That possibility did cross my mind as I posted above. The act of signing the document does not form the contract. The contract has to be exchanged (just like a house purchase).

If it is exchanged by posting it back to the agent, then arguably the contract was formed when the agent opened the post - in his office, rather than when the seller signed the document in his home.

But until there are some decisions on the issue by the courts this might remain ambiguous.

Miss_Samantha

An off-premises contract is not only one concluded in the presence of the trader (outside of their business premises) but also one where the consumer has made the offer to buy in the presence of the trader (outside of their business premises).

In OP's case we can imagine that OP might have made the offer to buy in the presence of the agent but outside of the agent's premises.

The contract may be formed even without signing the contract depending on what was said: the contract may have been in fact formed when the agent was at OP's home.

PasturesNew

Between signing and pulling out ... did that private buyer come to you via the EA? If so they will "catch you".

EAs will look for every sold house and if it was on their books at any point they'll spend a few quid to download the land registry details to see who bought it and compare it against their list of clients and conversations held/appointments carried out.

G_M

Miss_Samantha wrote: »

In OP's case we can imagine that OP might have made the offer to buy in the presence of the agent but outside of the agent's premises.

.

True.

Though we can also imagine that the OP might have said: "I'll think it over and let you know my decision." or similar, in whch case the offer to buy was not made in the agent's presence, but later when OP returned the signed contract.

In the past I've invited several agents round, discussed sale price, contract terms etc with each, and then spent a day or two deciding which to go with. They have all provided me with their contracts (which I may amend), but only one gets returned.

Miss_Samantha

G_M wrote: »

In the past I've invited several agents round, discussed sale price, contract terms etc with each, and then spent a day or two deciding which to go with. They have all provided me with their contracts (which I may amend), but only one gets returned.

Again, we must make a difference between the offer and the contract.

Here the important is when you make an offer to buy.

I'm not sure when the offer is made. Is you inviting them around enough? If not then your offer must be made when you discuss with them at home.

When you sign and return the contract this isn't the offer part, but the acceptance part.