Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder lawdoctor Novitiate



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    Default issue with 'Business transfer agent'

    SORRY MEANT TO POST AS A new threadicon.

    Hi all


    Here is post i posted over one year ago and a post on PAINSMITH'S SOLICITOR's blog. To my mind this is the first court decision made under these regulations. "ESTATE AGENTS BE WARNED CANCELLATION NOTICE REQUIRED"


    "Yes it is a contract law matter. For this contract to be legally enforceable you must have been given a NOTICE OF RIGHT TO CANCEL IN THE PRESCRIBED FORM contained in the written contract.

    Failure to provide this mandatory written notice render's the contract unenforceable in law.

    The relavent legistration is The Cancellation Of Contracts Made In A Consummers Home Or PLace Of Work Ect, Regulations 2008 SI 2008 NO.1861

    I am of course replying to your post on the understanding that you were not given a cancellation notice--------- I have yet to see an Estate Agents marketing contract that complied with the law."


    20 March, 2011 • 23:40 0
    Cancellation Notice

    In a recent case in Watford county court an agent sought his commission for the successful sale of a property in October 2009.
    The Defendant defended the claim on the basis that no Cancellation
    Notice in the prescribed form pursuant to the Cancellation of Contracts in a Consumer’s home or Place of Work etc Regulations 2008 had been served.
    In response to this defence the agent was relying on schedule 3 of the Regulations which excludes certain contracts from the Regulations. One such contract is for the sale or rental of immovable property.
    However, the court held that the contract entered into by the parties was not a contract for the sale or rental of immovable property but one of marketing and as such schedule 3 did not apply.
    The court also held that this was a commission contract and therefore caught by the Regulations. Therefore where no Cancellation Notice had been provided then pursuant to clause 7(6) the contract is unenforceable.
    The agent’s case was dismissed.
    Thank you to Mr Kennedy who brought this case to our attention.

    LAWDOCTOR.

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  2. #2
    Basic Account Holder dacascos42 Novitiate



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    Default Re: "estate agent be warned" !!!

    Where can I find information on the case in watford county courticon, who was the claimant?


  3. #3
    Basic Account Holder MarkLewis1972 Novitiate



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    Default Re: "estate agent be warned" !!!

    Hello. I have been searching the internet for days to try and find a case result such as this one. Would this apply to the dreaded 'Business Transfer Agents' ? Thank you


  4. #4
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar



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    Default Re: "estate agent be warned" !!!

    Quote Originally Posted by MarkLewis1972 View Post
    Hello. I have been searching the internet for days to try and find a case result such as this one. Would this apply to the dreaded 'Business Transfer Agents' ? Thank you
    Hello and welcome to CAGicon.

    Would you be able to elaborate on your question please?

    My best, HB

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  5. #5
    Basic Account Holder MarkLewis1972 Novitiate



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    Default Re: "estate agent be warned" !!!

    Hello Honey bee.
    We signed a contract with a 'Business transfer agent' a few years ago.

    It was to sell a Guest House.

    We paid 600 upfront.

    No success so we terminated the contract with them.

    Shortly after the contract had terminated, we were able to sell it ourselves.

    Out of the blue, nearly 18 months we have received an invoice for 6k from the business transfer agent
    as they say they were still contracted to be 'sole agents' as the sale of the property went through so soon after the contract terminated.

    Regardless of this, Watford county courticon appear to have set a precedence with the above ruling.

    The internet is littered with complaints about these types of businesses sending out invoices once the property is sold
    or demanding the 'withdrawal fee' of anything from 600 upwards.

    We at least had the 995+VAT excluded from our contract.

    Even though these types of businesses do not seem to do a great deal
    but still send out the invoices even when they did not sell the property.

    We were told there would be no cooling off period as it was a 'business to business' transaction which was signed in our own home.

    Interpret what the above ruling says it could be applied to 'business to business' ?

    Thank you for your time.


  6. #6
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar



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    Default Re: "estate agent be warned" !!!

    Hello again, thank for the extra info. I'll flag up your thread for the site team.

    HB

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  7. #7
    Royalties Account Holder rebel11 Authoritative rebel11 Authoritative rebel11 Authoritative rebel11 Authoritative rebel11 Authoritative rebel11 Authoritative rebel11 Authoritative rebel11 Authoritative rebel11 Authoritative rebel11 Authoritative rebel11 Authoritative



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    Default Re: "estate agent be warned" !!!

    Hi Mark

    Watford county courticon can't set a Precedent, only a higher court can.

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  8. #8
    Royalties Account Holder citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB Highly authoritative citizenB's Avatar



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    Default Re: "estate agent be warned" !!!

    What did your contract say about cancelling and if there was any bleed off period where, after cancelling, the agent would still be entitled to commission. Or was there no cancellation clause at all ?

    If you signed it at home (away from the agents business premise) then Cancellation rights apply.. dont they ?

    There seems to be quite a bit of information on google regarding the right to cancel.

    http://www.propertyindustryeye.com/c...g-regulations/

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  9. #9
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    Default Re: "estate agent be warned" !!!

    Just thinking out loud. If you sold it yourself, doesn't that make him still the 'sole agent' as you aren't an agent but the owner.


  10. #10
    Basic Account Holder MarkLewis1972 Novitiate



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    Default Re: "estate agent be warned" !!!

    Hello again Everyone. Thank you for your feedback. To try and answer everyone in one go -


    "Just thinking out loud. If you sold it yourself, doesn't that make him still the 'sole agent' as you aren't an agent but the owner."
    The contract says 'sole selling rights' (including ourselves not trying to sell it).


    "If you signed it at home (away from the agents business premise) then Cancellation rights apply.. dont they ?"
    It is a grey area depending on how you read the law.


    "What did your contract say about cancelling and if there was any bleed off period where, after cancelling, the agent would still be entitled to commission. Or was there no cancellation clause at all ? "
    We cancelled the contract with them as per the agreement. Can't say anymore than that.


    "Watford county courticon can't set a precedence"
    Thank you for clarifying. Will keep searching and hope the thought of the bad publicity it will generate for the BTA will be enough for them to eventually back down. We do have a solicitor working on our behalf.


  11. #11
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    Default Re: issue with 'Business transfer agent'

    Hi MarkLewis1972


    If your case is the same or very similar, there is nothing to stop you using the same arguments and law as the individual in that case won. But you couldn't use that as a 'precedent' in your case. Best thing might be to get a copy of the Judgement and take a closer look.

    '"Watford county court can't set a precedence"
    Thank you for clarifying. Will keep searching and hope the thought of the bad publicity it will generate for the BTA will be enough for them to eventually back down. We do have a solicitor working on our behalf.'


    Welcome to Consumer Action Group

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  12. #12
    Basic Account Holder MarkLewis1972 Novitiate



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    Default Re: issue with 'Business transfer agent'

    "If your case is the same or very similar, there is nothing to stop you using the same arguments and law as the individual in that case won. But you couldn't use that as a 'precedent' in your case. Best thing might be to get a copy of the Judgement and take a closer look."


    Thank you. Do you know how I can get hold of the details of this judgement? Thanks in advance.


  13. #13
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    Default Re: issue with 'Business transfer agent'

    You could contact Watford county courticon, you only have the year to go by, so won't be easy.

    Quote Originally Posted by MarkLewis1972 View Post
    "If your case is the same or very similar, there is nothing to stop you using the same arguments and law as the individual in that case won. But you couldn't use that as a 'precedent' in your case. Best thing might be to get a copy of the Judgement and take a closer look."


    Thank you. Do you know how I can get hold of the details of this judgement? Thanks in advance.


    Welcome to Consumer Action Group

    'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'
    Joshua J. Marine

    1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE
    2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE
    3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE
    4) REQUEST CCA FROM CREDITOR CLICK HERE
    5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE
    6) CAREY V HSBC (2009) CLICK HERE
    7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE
    8) IN DEBT DON'T PANIC CLICK HERE
    9) FULL AND FINAL SETTLEMENT CLICK HERE
    10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE
    11) DISTANCE SELLING-EDUCATE YOR RETAILER
    CLICK HERE
    12)
    SOGA SUMMARY CLICK HERE
    13) WHICH? TEMPLATES CLICK HERE
    14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE
    15) EVERYTHING HOUSING CLICK HERE
    16) UTILITY BACKBILLING CLICK HERE
    17) OFGEM - COMPLAINTSCLICK HERE
    18) OFCOM - COMPLAINTS CLICK HERE

    DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

    Don't forget to donate to this site

    Please let us know how your problem has been resolved, it could help fellow Caggers


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