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Estate agent entitled to commission even if completion did not take place Foxtons v O’Reardon, High Court

30 November 2011 | Paul Gershlick

Foxtons were sole agents for O’Reardon in respect of the sale of a £2.5m property. Foxtons introduced a purchaser. O’Reardon and the purchaser exchanged contracts for the sale, but the purchaser pulled...

Tags on this discussion: agreement commercial commercial agreement commercial agreements Commercial contract commercial contracts commission Estate Agent estate agents Estate Agents Act Estate Agents Act 1979 High Court

Estate agent’s failure to explain “sole agency” term meant it did not get commission for sale introduced by another agent – Great Estates Group v Digby, Court of Appeal

25 November 2011 | Paul Gershlick

GEG was appointed by Digby as its “sole agent” for the sale of Digby’s property: During the sole agency period, Digby received an introduction for a purchaser through another agent, and Digby sold...

Tags on this discussion: agency agreement agreements breach breach of contract commission contract contracts Estate Agent estate agents Estate Agents (Provision of Information) Regulations Estate Agents (Provision of Information) Regulations 1991 Estate Agents Act Estate Agents Act 1979 sole agency

Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

3 November 2011 | Simon Weinberg

Mr Estafnous (E) and London & Leeds Business Centres (L) had entered into an agreement by which L was to sell a property to a purchase that was introduced to L by E. Under the agreement, L was to pay...

Tags on this discussion: beneficial title breach of contract commercial agreement commercial agreements Commercial contract commercial contracts commission commission agreement contract contract law Court of Appeal Estate Agent estate agents High Court holding company interpretation interpretation of contract legal title property sale property transaction sale of property sale of shares Share sale share transaction Terms & conditions

Agent’s failure to name principal correctly does not mean agent can be sued – Knight Frank v Du Haney, Court of Appeal

27 July 2011 | Paul Gershlick

D was an agent for M. D engaged KF to be a surveyor to provide services for M. D always made clear that he was an agent and for M, but he mis-named M’s legal name when he signed a contract on M’s behalf....

Tags on this discussion: actual authority agency agent agreement agreements authorisation authority commercial commercial agent commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contracts Estate Agent estate agents liability liable ostensible authority principal surveyor surveyors

Stamp Duty Land Tax victory for taxpayer

7 April 2011 | Shimon Shaw

As I've mentioned previously, HMRC have lost the first case to go to litigation on SDLT planning. You can read my summary and comments in Estates Gazette here.

Tags on this discussion: DV3 Estate Agent HMRC SDLT Stamp Duty Land Tax Taxation

Information Commissioner’s Office sounds warning for estate agents

15 September 2010 | Paul Gershlick

Estate agents have been warned: the Information Commissioner’s Office is looking to check you out. The ICO – the regulator in charge of enforcing data protection law in the UK – has warned estate...

Tags on this discussion: data data controller data protection data protection act DPA Estate Agent ICO Information Commissioner Information Commissioner's Office mandatory notification misuse of data personal data

Surge in negligence claims against estate agents and surveyors

20 May 2010 | Richard John | 3 comments

An investigation carried out by a London law firm has revealed a huge rise in the number of professional negligence claims brought over valuations of residential and commercial properties in 2009. The...

Tags on this discussion: banks building societies Commercial Developer Commercial Property Estate Agent Mortgage repossession Professional Negligence Residential Developer residential property surveyors

Estate agent entitled to commission for introduction under sole agency where contract entered into 16 months later – Shamas Charania v Harbour Estates, Court of Appeal…

3 December 2009 | Mark Weston

C looked to sell a property and entered into a sole agency agreement with H. H arranged over 100 viewings, including four to Y. The property was not sold during the period of the agency and C ended the...

Tags on this discussion: commission contract law contracts Estate Agent

Latest news and views tagged Estate Agent

Estate agent entitled to commission even if completion did not take place Foxtons v O’Reardon, High Court

Estate agent’s failure to explain “sole agency” term meant it did not get commission for sale introduced by another agent – Great Estates Group v Digby, Court of Appeal

Estate agents should make sure their agreements cover sale of shares by the vendor rather than just sale of the property or they will not get commission –Estafnous v London & Leeds Business Centres Ltd, Court of Appeal

Agent’s failure to name principal correctly does not mean agent can be sued – Knight Frank v Du Haney, Court of Appeal

Stamp Duty Land Tax victory for taxpayer

Information Commissioner’s Office sounds warning for estate agents

Surge in negligence claims against estate agents and surveyors

Estate agent entitled to commission for introduction under sole agency where contract entered into 16 months later – Shamas Charania v Harbour Estates, Court of Appeal…

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