estate agents – Page 2 – Current Awareness

RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

CMA to investigate competition law violation by estate agent trade association and members – Zenith Chambers

Posted December 11th, 2014 in competition, estate agents, fees, news, price fixing by sally

‘The Competition and Markets Authority has announced that it will probe as a priority suspected anticompetitive agreements involving three companies and a trade association operating in the property sales and lettings sector. The investigation puts under the spotlight possible violations of competition law relating to the setting and advertising of fees by estate agents. The CMA has concerns that the arrangements restricted choice for consumers and their ability to compare prices and value for money.’

Full story (PDF)

Zenith Chambers, 11th December 2014

Source: www.zenithchambers.co.uk

Judge criticises police for investigating ‘outrageous’ mother and daughter spat – Daily Telegraph

Posted July 14th, 2014 in damages, estate agents, families, harassment, news, police, theft by sally

‘Nicola Low, 71, and her daughter, Caroline Baines, 40, ran an estate agent together before their relationship ended in a spectacular fall out.’

Full story

Daily Telegraph, 11th July 2014

Source: www.telegraph.co.uk

Tenants to be given right to challenge rogue letting agents – The Guardian

Posted April 17th, 2013 in consumer protection, estate agents, landlord & tenant, legislative drafting, news, ombudsmen by sally

“Tenants are to be given the right to challenge rogue letting agents for the first time after the government agreed at the 11th hour to a legislative amendment requiring all agents to sign up to a mandatory redress scheme.”

Full story

The Guardian, 16th April 2013

Source: www.guardian.co.uk

Estate agent who framed innocent man for speeding jailed – Daily Telegraph

Posted August 16th, 2012 in estate agents, news, perverting the course of justice, road traffic offences, sentencing by sally

“A selfish estate agent put an innocent client through a terrifying court ordeal after he framed him in a bid to wriggle out of a road ban.”

Full story

Daily Telegraph, 16th August 2012

Source: www.telegraph.co.uk

Regulation of estate agents ‘unnecessary’, says OFT – Law Society’s Gazette

Posted February 22nd, 2010 in estate agents, news, reports, solicitors by sally

“Solicitors have expressed disappointment that the Office of Fair Trading did not propose the regulation of estate agents in its home buying and selling report published last week.”

Full story

Law Society’s Gazette, 22nd February 2010

Source: www.lawgazette.co.uk

Office of Fair Trading vs Foxtons Ltd – Times Law Reports

Posted July 29th, 2009 in estate agents, news, unfair contract terms by sally

Office of Fair Trading vs Foxtons Ltd

Chancery Division

“Provisions in an estate agent’s standard terms and conditions of its letting contracts with landlords relating to renewal commission, third party renewal commission and sales commission were unfair.”

The Times, 29th July 2009

Source: www.timesonline.co.uk

Foxtons’ contracts were unfair because key terms were hidden, rules High Court – OUT-LAW.com

Posted July 14th, 2009 in estate agents, news, unfair contract terms by sally

“The terms and conditions in a letting agency’s contracts with landlords were unfair, the High Court has said. The agency, Foxtons, must now change the way it contracts with landlords.”

Full story

OUT-LAW.com, 13th July 2009

Source: www.out-law.com

Office of Fair Trading v Foxtons Ltd – Times Law Reports

Posted April 14th, 2009 in estate agents, injunctions, law reports, unfair contract terms by sally

Office of Fair Trading v Foxtons Ltd

Court of Appeal

“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”

The Times, 10th April 2009

Source: www.timesonline.co.uk

Office of Fair Trading v Foxtons Ltd – WLR Daily

Posted April 7th, 2009 in estate agents, injunctions, law reports, unfair contract terms by sally

Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128

WLR Daily, 6th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Solicitors to take on estate agents – The Times

Posted March 19th, 2009 in estate agents, news, solicitors by sally

“Solicitors have declared war on estate agents. They are calling for a licensing system to bring them under strict regulation and for greater transparency over what they call excessive fees.”

Full story

The Times, 19th March 2009

Source: www.timesonline.co.uk

Agents ‘breaking home pack law’ – BBC News

Posted August 4th, 2008 in estate agents, home information packs, news by sally

“Some estate agents in England and Wales are breaking the law by marketing properties without ordering a Home Information Pack, the BBC has learned.”

Full story

BBC News, 2nd August 2008

Source: www.bbc.co.uk

Couple win £5,000 for lesbian house advert – Daily Telegraph

Posted July 29th, 2008 in advertising, estate agents, news, sexual orientation discrimination by sally

“A lesbian couple who were publicly outed in a web advert by their estate agents have won £5,000 in compensation.”

Full story

Daily Telegraph, 28th July 2008

Source: www.telegraph.co.uk

Estate agents lose out to vendors in appeal ruling – The Times

Posted May 28th, 2008 in estate agents, news by sally

“Estate agents have lost the right to commission if a buyer to whom they show a property then makes an offer through another joint agency.”

Full story

The Times, 28th May 2008

Source: www.timesonline.co.uk

Bicknell v Foxtons Ltd – Times Law Reports

Posted May 1st, 2008 in estate agents, law reports by sally

Bicknell v Foxtons Ltd

Court of Appeal

“An estate agent was entitled to a commission under a sole agency agreement only if he introduced to the client a person who was the eventual purchaser.”

The Times, 1st May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

OFT sues Foxtons over ‘unfair’ rental commissions – The Times

Posted February 27th, 2008 in estate agents, news by sally

“The way estate agents charge commission on residential property lettings could be dramatically overhauled after the Office of Fair Trading (OFT) launched a legal case against Foxtons, claiming the agency’s terms and conditions are unfair.”

Full story

The Times, 26th February 2008

Source: www.timesonline.co.uk

HIPS – OFT advises estate agents on their obligations – OFT

Posted July 31st, 2007 in estate agents, home information packs, press releases by sally

“The OFT has today advised all estate agents in England and Wales that a failure to comply with the new Home Information Packs (HIPs) regulations could result in a ban from estate agency work.”

Full story

OFT press release, 31st July 2007

Source: www.oft.gov.uk

Consumers, Estate Agents and Redress Act 2007

Posted July 26th, 2007 in consumer protection, estate agents, legislation by sally

Consumers, Estate Agents and Redress Act 2007 published

Full text of Act

Source: www.opsi.gov.uk