Agent trying to charge me full fee within 14 day cooling off period

pinkshoes

1. Ask them how long the restriction is for.

2. Tell them they have 7 days to submit a list of the names of all buyers they introduced to the property where they feel a fee would be due. 


As no one even viewed the property I'm not sure how this would stand up in court if they demanded their fee. 

eddddy

ashe said:

eddddy said:

You are cancelling the contract during the 14 day cooling off period...

... so it doesn't matter what the contract says about withdrawal fees, £600 expenses etc. You're cancelling the contract, so none of the terms of the contract apply. (The exception would be if the service had been fully performed.)


But the law says you have to reimburse the agent for any costs they incurred between you agreeing to the contract, and you cancelling the contract.

For example, if the agent visited your property, took pictures, measured up, wrote up details, phoned prospective buyers, etc - you'd have to cover their costs for doing that. (But it has to be the actual cost, not an arbitrary fixed amount like £600.) 


Maybe ask them for an itemised list of those costs.

There is no 14 day cooling off period, surely. EA's don't take any action for 14 days due to the cooling off period, however because they know people want their properties listed, they produce a waiver which you agree to market the property immediately and forfeit the cooling off period. Because he had signed that waiver, they took action and arranged the auction etc, hence claiming the costs. If he hadn't signed the waiver, he would have been able to pull out. 

The law says there is always a 14 day cooling off period - whether or not you sign a waiver. (Assuming the contract was agreed at a distance - i.e. not in the EAs office.)

Here's how it works...

If you don't sign a waiver...
The EA shouldn't start work for 14 days, and then can't charge you anything if you cancel within 14 days

If you do sign a waiver...
The EA can start work immediately, but you can still cancel within 14 days. But if you cancel during those 14 days, you have to repay the EA for the costs they have incurred.


Unless...
The EA completes the service before you cancel within the 14 days (which typically means they introduce a buyer before you cancel). In that case you lose your right to cancel.


(So the bottom line is the OP didn't have to pay the EA the £600 stated in the contract. The OP only had to repay the costs that the EA had incurred - which may have been less than £600.)