Is there any long distance selling rules with flats?
Discussion
OH has a friend who is a bit spontaenous when it comes to buying things....
She is going to move in with us and look for a flat in London to rent, or at least she was...
Seems after talking with an estate agency, she has forked out £500 as a deposit on a flat this morning without seeing it as the agent was very persuasive and now she has a list of demands off them with regards to getting the references done in 42 hours otherwise its a fine, etc...
She said if that is the case can she cancel it, they have now said that is the £500 gone for admin fees if she does.
This happened this morning and said friend is in Finland and can only see pictures of the flat and not the area, etc.
Can she legally pull out (if it did in fact happen this morning) with long distance selling tactics, etc?
Then I will deal with her later about her completely stupid way that she has agreed to something without seeing it as I already agreed that she can stay in my flat for 3 weeks whilst looking for property...
Can she claim ignorance on the deposit and such as she is not even from this country and didnt realise that she didnt have a cooling off period...
Yes I know the deposit is just that, but the agency shouldnt really be doing the hard sell on someone that cant even go and see it, telling her it will be gone by the weekend if she doesnt sign now and that the deal would not be there at the weekend if she waited...
Stupid Females...
MODS - Please keep this in the lounge for a bit before moving to Speed, plod, etc.
Ta
She is going to move in with us and look for a flat in London to rent, or at least she was...
Seems after talking with an estate agency, she has forked out £500 as a deposit on a flat this morning without seeing it as the agent was very persuasive and now she has a list of demands off them with regards to getting the references done in 42 hours otherwise its a fine, etc...
She said if that is the case can she cancel it, they have now said that is the £500 gone for admin fees if she does.
This happened this morning and said friend is in Finland and can only see pictures of the flat and not the area, etc.
Can she legally pull out (if it did in fact happen this morning) with long distance selling tactics, etc?
Then I will deal with her later about her completely stupid way that she has agreed to something without seeing it as I already agreed that she can stay in my flat for 3 weeks whilst looking for property...
Can she claim ignorance on the deposit and such as she is not even from this country and didnt realise that she didnt have a cooling off period...
Yes I know the deposit is just that, but the agency shouldnt really be doing the hard sell on someone that cant even go and see it, telling her it will be gone by the weekend if she doesnt sign now and that the deal would not be there at the weekend if she waited...
Stupid Females...
MODS - Please keep this in the lounge for a bit before moving to Speed, plod, etc.
Ta
Edited by Dupont666 on Tuesday 23 March 12:01
For "distance" selling, that is via telephone, letter or e-mail, with no face to face meeting, there is a right to cancellation on Tenancy Agreements, under The Consumer Protection (Distance Selling) Regulations 2000, with the same coming into force on 31 October 2000.
Whilst I appreciate it is not the done thing, if your friend has paid the Deposit by cheque then attempt to cancel the same, through online bank payment BAC, then speak direct to her bank, other wise friendly chat to Letting Agents, with small claims court last result.
Whilst I appreciate it is not the done thing, if your friend has paid the Deposit by cheque then attempt to cancel the same, through online bank payment BAC, then speak direct to her bank, other wise friendly chat to Letting Agents, with small claims court last result.
Wings said:
For "distance" selling, that is via telephone, letter or e-mail, with no face to face meeting, there is a right to cancellation on Tenancy Agreements, under The Consumer Protection (Distance Selling) Regulations 2000, with the same coming into force on 31 October 2000.
Whilst I appreciate it is not the done thing, if your friend has paid the Deposit by cheque then attempt to cancel the same, through online bank payment BAC, then speak direct to her bank, other wise friendly chat to Letting Agents, with small claims court last result.
She wants the flat it was just the way that the £1k cancellation charge appeared and then when she wanted £1000 per month as rent, they said the £260 a week was similar (over 10% above budget)... Oh and they told her that 18months was a normal agreement. They needed all references in 48hours otherwise there will be a charge for the time spent.Whilst I appreciate it is not the done thing, if your friend has paid the Deposit by cheque then attempt to cancel the same, through online bank payment BAC, then speak direct to her bank, other wise friendly chat to Letting Agents, with small claims court last result.
A quiet word from me and she is now happy again as I said I would review the contract and since Im based a mile or so from the Agency, I can come in with 15mins notice... All the hidden costs and 18month agreement disappeared (now 12 month) and the references have been reduced to a simple credit check (employment and previous tennancy cant be proved in Helsinki)
The only thing that I was not allowed to state was the paragraph you wrote as she is wanting the place and it allows her to bring her mutt.
I would get that 12 months removed and replaced by 6 months (normal terms for a rental). The 6 months will automatically extend on a month by month basis with no rent increase allowed until 12 months is up. If she agrees 12 months then she can be forced to pay for all 12 months should she want to leave after, say, 6 months.
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