Cooling off period for online estate agent Purplebricks

[corrineb]

My husband and I made a rushed decision to advertise our house for sale with Purplebricks last Thursday 20th August. We have had second thoughts and are reconsidering selling the property after all and want to cancel our agreement. I have agreed to their Pay later scheme but am wondering if I have a right to cancel with no costs incurred (or at least minimal costs) as I am within the 14 day cooling off period as stated in the Consumer Contracts Regulations 2013. I'm just not sure if the agreement is covered by these regulations...?

Their service agreement can be found here:
https://www.purplebricks.com/terms/serviceagreement

The grounds that I am thinking I can cancel revolve around the following:
1. The agreement is between myself and Purplebricks however it is only my husband that is the actual legal owner of the property
2. Sales covered by the Consumer Contracts Regulations as I purchased the services online and therefore at a 'distance' and am therefore entitled to cancel within 14 days of instructing them
3. Unfair Terms in Consumer Contracts Regulations 1999 as although they state in their contract "In the event that we have made your advert live by advertising in on www.purplebricks.com, www.rightmove.com or www.zoopla.co.uk we will for the purposes of the regulations have provided you an advertising service and as such you will not be entitled to a refund" the costs they will have incurred will not amount to £798!

Any help and advice will be much appreciated!!

[UKCodeMonkey]

Re: Cooling off period for online estate agent Purplebricks

Hi corrineb, did you get any answers to this? I would be interested to know how you got on!

[corrineb]

Re: Cooling off period for online estate agent Purplebricks

Hi
I'm afraid they said that once the advert went live we had lost our entitlement to the cooling off period. We are just going to pay it when the 10 months is up!
Good luck with a better outcome!
Corrine

[Amethyst]

Re: Cooling off period for online estate agent Purplebricks

They should wait until after the cooling off period before providing the services unless you specifically request the service start immediately.

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013


Supply of service in cancellation period

36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer—

(a)has made an express request, and

(b)in the case of an off-premises contract, has made the request on a durable medium.

(2) In the case of a service other than supply of water, gas, electricity or district heating, the consumer ceases to have the right to cancel a service contract under regulation 29(1) if the service has been fully performed, and performance of the service began—

(a)after a request by the consumer in accordance with paragraph (1), and

(b)with the acknowledgement that the consumer would lose that right once the contract had been fully performed by the trader.

(3) Paragraphs (4) to (6) apply where a contract is cancelled under regulation 29(1) and a service has been supplied in the cancellation period.

(4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount—

(a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer’s decision to cancel the contract, in accordance with regulation 32(2), and

(b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.

(5) The amount is to be calculated—

(a)on the basis of the total price agreed in the contract, or

(b)if the total price is excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

(b)the service is not supplied in response to a request in accordance with paragraph (1).

[Amethyst]

Re: Cooling off period for online estate agent Purplebricks

Right of cancellation

As this agreement was confirmed at ‘distance’, you may have the right to cancel it in accordance with the relevant regulations. Purplebricks services are deemed to have been provided in their entirety where your Advert has been published.
NOTICE OF THE RIGHT TO CANCEL

This is an agreement with Purplebricks;
You have fourteen days to cancel this agreement from the date on which you receive this notice in writing, which is the date you agree to these terms and conditions;
If you wish to exercise your right to cancel, then please write to Purplebricks or email ref;
You may wish to use the form below, however we will accept cancellations by letter, personal visit (to deliver a notice or letter) or email. If sending the notice by post, then you are advised to send it by recorded delivery;
Cancellation is deemed to have started once the notice has been posted or sent by email.

If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named below. You may use this form of notice if you want to but you do not have to.

To: Operations Director

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract in relation to the sale/let (delete as appropriate) of my property at ...

Signed:
Name:
Address:
Date:

Please note: In the event that we have made your advert live by advertising it on www.purplebricks.com, www.rightmove.co.uk or www.zoopla.co.uk, we will for the purposes of the regulations have provided you an advertising service and as such you will not be entitled to a refund.

That last bit is the bit that tries to get around the regs. I think it will depend if the service is ' displaying the advert for 10 months' or just 'displaying the advert'. And if the property sold within the 14 days, would you still be entitled to cancel.

The contract/agreement where you sign up should specifically state that you wish the advert to be made live immediately and waive your cancellation rights.


Where do you sign up, on the site, or do you have a guy come around to value the property ?

Sell for just £798 inc. VAT or £1,158 inc. VAT in some London areas - check your postcode and save thousands in fee’s when you let with us!
You don’t have to pay anything upfront, including the cost of an EPC (sales only) if you need one. Your Expert will take the photos, create your advert, and it can be live on Rightmove within seconds.

[judgemental24]

Re: Cooling off period for online estate agent Purplebricks

My interpretation of the legislation is that you still have the 14 day cooling off period but if the agent has paid to advertise the property and incurred expense, you will have to make good that expense within that 14 day cooling off period

[des8]

Re: Cooling off period for online estate agent Purplebricks

this is similar to the discussion in this thread http://www.legalbeagles.info/forums/...=bannatyne+gym