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Estate Agents Agreement Notice Period? Week Days or Days???
sujsuj
Posts: 833 Forumite
"Sole selling agency
period continues until written notice is given and 21 days have expired. "
Is this means 21 days or 21 working days..???? Estate Agents says 21 weekdays..?? No where it is shown as weekdays
Is this means 21 days or 21 working days..???? Estate Agents says 21 weekdays..?? No where it is shown as weekdays
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Comments
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sujsuj said:"Sole selling agency period continues until written notice is given and 21 days have expired. "
It's clearly 21 days, not 21 weekdays - because that's what the contract says.
And just from a common sense point of view, a 3 weeks notice period would be a sensible period - "4 weeks plus 1 day" would be strange.
You also mention "working days" - I guess they work 6 days a week. So that would be 3 and a half weeks, which is equally strange.
It sounds like the EA is just being childish. I would be tempted to politely tell them not to be daft, and move on.
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21 days is 3 weeks. If they had meant working days it would have said so.1
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Assuming there isn't a separate 'definitions' section in the contract where a day is defined as a working day...1
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Contract just says "Sole selling agency period continues until written notice is given and 21 days have expired. "
nothing else anywhere mentioned. But when they calculated days they calculated as 21 weekdays!! I have seen references that in legal terms (especially in corporate world) x days notice generally means x weekdays. Not sure that is applicable here as well??0 -
I would not worry about the corporate world. You are a consumer, and 21 days means that. Unless there’s a clause that specifically says that days means weekdays, the estate agent is bluffing.sujsuj said:Contract just says "Sole selling agency period continues until written notice is given and 21 days have expired. "
nothing else anywhere mentioned. But when they calculated days they calculated as 21 weekdays!! I have seen references that in legal terms (especially in corporate world) x days notice generally means x weekdays. Not sure that is applicable here as well??They need to belong to an ombudsman scheme, so you could point out that you will take the complaint there unless they back down.No reliance should be placed on the above! Absolutely none, do you hear?2 -
Speaking as a corporate lawyer, that's a load of nonsense. If contracts mean weekdays they will say so (and define exactly e.g. what type of holidays count, etc). Otherwise a day is a day.sujsuj said:I have seen references that in legal terms (especially in corporate world) x days notice generally means x weekdays.
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"Sole selling agency period continues until written notice is given and 21 days have expired. "
Is this means 21 days or 21 working days..???? Estate Agents says 21 weekdays..?? No where it is shown as weekdays
Why are you asking this?
For example, is it because you've received a bill for EA fees relating to a buyer who was introduced during the disputed period?
Or is it perhaps that your relationship with your EA has degenerated into lots of petty arguments, so the EA is saying this to wind you up (and is enjoying that you are getting so wound up about it)?
Or is it something else?
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Just serve your written notice.Wait 21 days (NOT workdays).Sign new contract with new estate agent (or do whatever it is that has kicked off this disagreement)If/when an issue arises (eg new agent finds you a buyer on day 22 and old agent sends you a bill) then let old agent sue you for non-payment and watch him lose and have to pay court costs.1
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Thanks very much all0
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