Hi,
If someone can help.
We wanted to let our property. The estate agent looked at it and then emailed their package and terms and business on 3rd September -
You can see it here: {Link Removed - contains identifying details}
We sent an email saying we like to go with one of the packages on 4th September. We sent our ids.
On 8th September the estate agent sent their terms of business which had terms and conditions and contract to be filled in for the property e.g. if it was sole agency etc. The contract was totally blank and had no information about property or anything. We did not send the terms and conditions back to them.
You can see it here: {Link Removed - contains identifying details)
They started to market the property for 6 months but got no tenants. They told us to drop the price. So we wanted to go to another estate agent.
We asked them when we could leave the contract. They said we got 24 weeks contract. We said we never signed any contract. They said they emailed the terms of business with contract which was sent on 3rd September it had 24 weeks written in it.
They said it does not matter if we did not sign it, or that the contract did not have any information for the property.
As we had emailed that we like to go with the package by email on the 4th September. It counts that we accepted the terms and conditions.
Now they are saying even when the sole agency of 24 weeks finishes, we cannot come out without paying them money for all the marketing they did over the last 24 weeks.
They are pointing to this terms and conditions in the terms of business:
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19. SERVICE AND MARKETING COSTS
If during the period of our Agency you withdraw from a transaction; and/or you instruct us to cease marketing your property, thus preventing us from fulfilling our contractual obligations; or prevent our ability to fully market the Property in any way, you agree to be held liable for the reasonable costs associated with the marketing of your property, that we have incurred to date. Such costs will be payable by you within 30 days of the date that you prevent us from fulfilling our contractual obligations and/or fully marketing your Property. Further details of the applicable charges can be located on our website at {removed} . Should the full fee become payable these fees will be set off against such costs and charges. Paying these costs will not release you from the period of Agency and all clauses within these Terms remain in place as agreed.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
I feel we are stuck for life with them. Their last email was that we cannot ever withdraw from them without paying them for marketing.
Is this correct?
If someone can help.
We wanted to let our property. The estate agent looked at it and then emailed their package and terms and business on 3rd September -
You can see it here: {Link Removed - contains identifying details}
We sent an email saying we like to go with one of the packages on 4th September. We sent our ids.
On 8th September the estate agent sent their terms of business which had terms and conditions and contract to be filled in for the property e.g. if it was sole agency etc. The contract was totally blank and had no information about property or anything. We did not send the terms and conditions back to them.
You can see it here: {Link Removed - contains identifying details)
They started to market the property for 6 months but got no tenants. They told us to drop the price. So we wanted to go to another estate agent.
We asked them when we could leave the contract. They said we got 24 weeks contract. We said we never signed any contract. They said they emailed the terms of business with contract which was sent on 3rd September it had 24 weeks written in it.
They said it does not matter if we did not sign it, or that the contract did not have any information for the property.
As we had emailed that we like to go with the package by email on the 4th September. It counts that we accepted the terms and conditions.
Now they are saying even when the sole agency of 24 weeks finishes, we cannot come out without paying them money for all the marketing they did over the last 24 weeks.
They are pointing to this terms and conditions in the terms of business:
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
19. SERVICE AND MARKETING COSTS
If during the period of our Agency you withdraw from a transaction; and/or you instruct us to cease marketing your property, thus preventing us from fulfilling our contractual obligations; or prevent our ability to fully market the Property in any way, you agree to be held liable for the reasonable costs associated with the marketing of your property, that we have incurred to date. Such costs will be payable by you within 30 days of the date that you prevent us from fulfilling our contractual obligations and/or fully marketing your Property. Further details of the applicable charges can be located on our website at {removed} . Should the full fee become payable these fees will be set off against such costs and charges. Paying these costs will not release you from the period of Agency and all clauses within these Terms remain in place as agreed.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
I feel we are stuck for life with them. Their last email was that we cannot ever withdraw from them without paying them for marketing.
Is this correct?
Comment