Springbok properties contract

michug

Hi,
We unfortunately have signed up with Springbok Properties to sell our house. We were taken in by their advertising to sell the house quickly. This has not happened,  we are half way through the 16 week contract (option) period and have only had 2 viewings despite dropping it by £10,000. We have notified them that we will not be renewing the contract once it ends but they have now come back saying" I can confirm the 16 week contract does come to an end on the 24 March but as per the terms of the contract you have signed, we would require 4 week written notice prior to withdrawing your property from the market. I would be happy to accept this email as the intention to give notice on 24 March and will begin the notice period on this date." I don't understand why it takes them r weeks to take it off the market, and the only clause that she may be referring to is this one  "f YOU instruct SP to begin marketing the Property during the 14-day cancellation period and YOU subsequentlyexercise YOUR right to cancel at this stage, YOU will be required to pay SP an amount which is in proportion to anywork done until YOU communicated YOUR cancellation of the Agreement. This will include reasonable expensesincurred for advertising and preparation of property particulars, legal fees, etc. and will not exceed £700 plus VAT.After the initial Option Period, the option will be automatically renewed under the same conditions until such timeas YOU or WE provide 28-days’ notice in writing to terminate the agreement. If YOU cancel the Agreement for anyreason during the Option Period, YOU agree to reimburse US for costs up to this point. This fee will not exceed£700 plus VAT, except where SP introduces or has negotiations with the ultimate Buyer of the Property before YOUexercised your right to cancel the Agreement. In this case, the Agreement will have been fully performed and theStandard Fee or Release Sum (whichever is the greater) will be due, notwithstanding that cancellation took place(see above)". 
Are they within their rights to add on the extra 4 weeks and has anyone got any advice as to what we can do?

Thank you

theartfullodger

There are a few threads about this bunch.  e.g. 
https://forums.moneysavingexpert.com/discussion/6545153/springbok-properties-anyone-used-them/p1

-  suggest you search for and read them first...

michug

Thanks for that. I've read through the thread from your link and no where does it say about 4 weeks to take it off the market. I think they are trying it on.

eddddy

It sounds like you're mixing up 2 different parts of the contract...

• One part is about cancelling the agreement

• The other part is about terminating the agreement

Cancelling and terminating are 2 different things.



This bit is about cancelling the contract:

michug said:

 "f YOU instruct SP to begin marketing the Property during the 14-day cancellation period and YOU subsequently exercise YOUR right to cancel at this stage, YOU will be required to pay SP an amount which is in proportion to anywork done until YOU communicated YOUR cancellation of the Agreement. This will include reasonable expenses incurred for advertising and preparation of property particulars, legal fees, etc. and will not exceed £700 plus VAT

The law says that if you sign a contract in your home, you have the next 14 days as a cooling off period when you can change your mind and cancel the contract.

That doesn't apply to you because 14 days has already passed.



This bit is about terminating the contract:

michug said:

After the initial Option Period, the option will be automatically renewed under the same conditions until such time as YOU or WE provide 28-days’ notice in writing to terminate the agreement.

michug said:

Are they within their rights to add on the extra 4 weeks and has anyone got any advice as to what we can do?

I think you're saying:

• You're giving (more than) 4 weeks notice now that you want the contract to terminate on 24th March

• They're saying that the 4 weeks notice will start on the 24th March (so terminating on 21st April)

If that's correct, based on what you've posted, I tend to agree with you (and I think the Property Ombudsman would agree with you).

Maybe you could tell the agent that you disagree, and unless they agree that the contract terminates on 24th March, you will contact the Property Ombudsman.

michug

Thank you so much, that is really good advice. We'll do that and see what they come back with

theartfullodger

I said....

There are a few threads about this bunch. 

....

-  suggest you search for and read them first...

Them: i.e. the various threads, not just the one I referenced (google??)

Best regards all