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  • FIRST POST
    • Jennydot
    • By Jennydot 12th Apr 18, 12:51 PM
    • 2Posts
    • 0Thanks
    Jennydot
    Can I get out of this contract to sell my house?
    • #1
    • 12th Apr 18, 12:51 PM
    Can I get out of this contract to sell my house? 12th Apr 18 at 12:51 PM
    Hi all,

    I am one week into a contract with an estate agents, and haven't yet had any viewings with the agency. As I want to get on with making offers on a house, I would like to get out of my contract with the estate agent and go with Nested instead. This is the 14 day waiver that I signed:

    "Cancellation Rights

    If you are a consumer and the Distance Selling Regulations apply then you usually have the right to cancel a contract for the supply of services from the date the contract was con-
    cluded until the expiry of a period of fourteen working days, beginning the day after the contract was concluded."

    Please note: services will therefore not commence until the end of the fourteen day cancellation period unless you sign the declaration below to request that we commence the
    services prior to the end of the cancellation period in which case you will be taken to have agreed to waive your right to cancel.
    Declaration: I understand that The Consumer Protection (Distance Selling ) Regulations 2013 provides for a statutory cancellation (cooling-off ) period of fourteen days during which I
    could cancel this contract but I require Keatons to commence providing services as soon as this contract is concluded and therefore waive any such statutory right to cancel.


    I have read on other forums that you simply can't waive all your statutory rights - the estate agent would be able to charge me for goods and services used so far (photography) but would not be able to insist on continuing as my agent for the full 8 weeks. Is this true?

    Thanks!

    Jennydot
Page 1
    • Brock_and_Roll
    • By Brock_and_Roll 12th Apr 18, 1:08 PM
    • 863 Posts
    • 865 Thanks
    Brock_and_Roll
    • #2
    • 12th Apr 18, 1:08 PM
    • #2
    • 12th Apr 18, 1:08 PM
    Firstly, my understanding is that Distance Selling Regulations (now replaced by Consumer Contracts Regulations) only apply is contract made online or over the phone. So if you singed the document in the branch then there is no cooling off period applicable.


    I believe that it is possible to waive your statutory rights in certain circumstances but from what I can see the legislation is worded such that even if you have signed a contract with a waiver at a distance (i.e in your own home), the 14-day cooling off period still applies. You would however be responsible for all costs/fees uncured up to the notification date of intention to cancel eg photos, add in paper, Rightmove costs etc as applicable.
    • LittlePickleHead
    • By LittlePickleHead 12th Apr 18, 1:31 PM
    • 6 Posts
    • 5 Thanks
    LittlePickleHead
    • #3
    • 12th Apr 18, 1:31 PM
    • #3
    • 12th Apr 18, 1:31 PM
    Have you spoke to Nested and have they come round and confirmed that they would sell your home and given you a price?

    They can be picky over which houses they choose to list
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