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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101405
Experience:  Lawyer
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I am a selling a home in alberta and wondering if there is a

Customer Question

I am a selling a home in alberta and wondering if there is a 'cooling off' period afforded whether it is in the contract or not. It is <24hours since signing.
JA: Have you talked to a real estate attorney about this?
Customer: Not yet
JA: Has anything been filed or reported?
Customer: Just signed in my back yard havent been given a copy yet either.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, thankyou
Submitted: 2 months ago.
Category: Canada Law
Expert:  Debra replied 2 months ago.
I am sorry to hear that it sounds like you are in a difficult situation.Are you saying that you received an offer which you accepted or are you asking about a listing agreement?
Customer: replied 2 months ago.
A listing agreement with a Remax agent.
Expert:  Debra replied 2 months ago.
Does the contract allow for early termination?
Customer: replied 2 months ago.
No but I only signed it 4 hours ago and was not provided a copy.
Customer: replied 2 months ago.
am I stuck with it for 60 days or is there any entitled 'cool down' period in Alberta even if it is not stated it the aforemention contract?
Expert:  Debra replied 2 months ago.

The site said you asked for a call but then the payment failed.

Do you want to try again?

Customer: replied 2 months ago.
I was confused it looked like you/or the site had requested a call rather than text and I accepted. I dont require a phone call, no.
Expert:  Debra replied 2 months ago.

OK

The law is that you cannot change your mind about this contract because once you agreed the contract it binding.

On the other hand if you ask they may agree especially if you say you will just wait out the contract. They don't want to waster their time and they also want to maintain a good reputation so I think the best approach is really just to ask.

The only other way you could get out is if you found that you were mis-represented in some way.

If that is the case courts have set aside contracts.

So if you feel this describes what happened to you contact the broker, explain what happened and that you are not going ahead and state you want written confirmation that the listing agreement is at an end.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 2 months ago.

Is there anything more I can help you with at this point in time?