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Tepilo Estate agent

Hi


I started the process with Tepilo estate agents a week ago and was asked to sign an E signature by email to start the sales process.


I signed this but at no point was I asked to review the terms and conditions, partly my fault probably but I just thought it was to start the process.


The gentleman I spoke to then asked if I would like a visit arranged for photos to be taken etc. it was a very rushed telephone call and he said you are in a 14 day cooling off period but if you cancel you may be charged for things like photos, floorplans etc etc.


I then had said photos taken and called the agent the following day to discuss the house that we had viewed currently being marketed by them, hence why I chose them to make the sale and purchase easier for all. The lady I spoke to advised me that I need to put an offer in, I asked if this was normal as I wasn't in a position to buy yet, she said yes its fine, it lets the vendor know you are serious about their property. She also advised me that if I pull out of the contract id agreed to I would be liable for the full costs of £870, I advised I thought if I cancelled with the cooling off I wouldn't be liable for anything, but she stated I was told in my initial call that I would be charged for at least the photos and floorplan that currently totals £255.


I have since complained and said this isn't fair and that as the vendor has declined our offer I wont be marketing my property as its the only property we were interested in.


im so confused and don't know where I stand - my husband by the way who is also on the deeds to our property hasn't signed or agreed to anything?


Help?????

Comments

  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 January 2017 at 12:41PM
    Hang on. Most vendors are goong to refuse an offer from someone who hasn't sold their house and has barely even got it on the market. You need to get it under offer. No point giving up without even trying!

    It makes perfect sense to me that if you receive a particular product that cannot be returned then the cooling off period doesn't apply to that element. Someone worked to provide those and they are usually contracted and don't work directly for Tepilo. They deserve to be paid for their work.

    The whole reason that Tepilo is cheaper than agents who charge post-sale is that you pay for your own marketing materials only and not for those of every person who withdrew their house from the market too. That is specifically the risk you take.

    You've signed something. I'm pretty sure that it wasn't just a signature on a blank page. It had to be an acknowledgement of something, even if it is just "I have read the terms and conditions." Terms and conditions are there to be read by you. You signed a contract. And you were told that photos etc have to be paid for.

    Anyhoo, what you signed is moot. You need to be SSTC for any sane vendor to even consider accepting an offer. And that is either going to take more than 14 days on the market or result in a very quick sale - either way, you pay the full marketing fee. Sell the house then try your offer!
    Everything that is supposed to be in heaven is already here on earth.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Your purchase and your sale are completely separate. The vendor's decision not to accept your offer to purchase has no bearing on the contract to sell your property.

    You signed a contract. Your husband did not also have to sign.

    Because it was a distant-signed contract (not physically at the EA's office) you have a 14 day cooling off period. You can therefore cancel the contract and your ongoing legal commitment to the terms of the contract will end.

    However, if you have already instructed the EA to take actions that cost them money (photos, layout, preparation of marketing material etc), they can charge you for the work they have already done at your request. That is, of course, only fair.
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