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I signed what turns out to be a right to cool off waiver but I've now cancelled can I get my money back?

2 replies

ANTagony · 23/01/2012 10:48

I've had a bit of a challenging year and on a ridiculous whim I put my house on the market. The estate agent came round, measured up and took photos and went through paperwork with me including asking me to sign a 7 day waiver so that they could start marketing straight away. He told me that I had to take out a certain info pack which I understood was for an EPC, premium rightmove listing and audio agent on rightmove and their solicitors. It cost £390. I told him I wasn't happy with their solicitors because I'd been assigned them before when selling something and found their system very frustrating.

I discussed it all with my husband in the evening when he got home, last monday night. I felt I'd been ripped off. I went to see the agents on Thursday to discuss that I wasn't happy and as no services had yet happened could I get my money back. Got fobbed off and felt even more confused. Phoned on Friday still haven't actually had any of the services, no marketing on rightmove etc and no contact from soicitors and said I definitely don't want to proceed.

I phoned the EPC company this morning to ensure that they had received notice I wasn't proceeding and they hadn't. The agent ensured me on Friday that he would ensure everything was cancelled.

Should I be able to get my money back?

OP posts:
prh47bridge · 23/01/2012 13:09

I'm assuming this "pack" was a fixed price item which had to be paid regardless of whether or not you sold your house. I am also assuming that the £390 was the full price of this item. If these assumptions are wrong my answer may be incorrect.

You cannot sign away your right to a cooling off period. However, you can ask the estate agent to start work immediately. I suspect that is what the waiver was about. Once you have authorised them to start work within the cooling off period you become liable to pay for any work they do before you cancel.

If they haven't done any work at all you should get all of your money back. However, if they have started work you may not get all of your money back.

ANTagony · 23/01/2012 13:21

Thank you. That makes sense. As far as I'm aware and the estate agent implied no work has taken place.

I'll send a polite email and ask about a refund, which I acknowledge they may not pay in full.

OP posts:
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