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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I have an ongoing issue I am an Estate Agent. A client instructed

Customer Question

I have an ongoing issue I am an Estate Agent. A client instructed us to market a property in 2011. On 18th November we had a very interested party, who I spent an hour with on a Saturday 18 Nov, who needed to sell her property before being able to buy, which we reported to the client.

In early January this year the client wanted to disinstruct us & nominate another agent.

Mrs Rushton who I had met in November, contacted the new agent & made an offer as she had now sold her property & was in a position to buy. I found this out & informed the client that we were entitled to a fee. The NAEA backed me up verbally on this.

However BJB the new agent has found a case in court fom 2008 in a similar situation the first agents case was thrown out. So now the vendors solicitors have written to me with this & giving us 7 days to persue a claim or to walk away.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

How much are we talking?
Customer: replied 3 years ago.


Hi the fees are £1,500 plus VAT

Expert:  UK-Justice replied 3 years ago.
This is a contractual matter.

As such any claim would be a small claim,

Even if you lose there are no legal fees you pay and you would only be liable for the sum claimed plus fixed court costs of issuing and hearing the claim.

This is a matter of contract, I have looked of the case you mention and can not find it.

However in any event small claims rarely turn on points of law.

But I have not heard, nor can I find the case,

If the contract states they will be liable for the fee, then they will be.

Do not be bullied into losing the fee which you worked so hard to get.

I hope this helps.




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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.


Hello thanks for the reply. The case that the vendors solicitor refers to is case A3/2007/1692 ON 23 April 2008 Royal Courts London.

Expert:  UK-Justice replied 3 years ago.
That's not the full reference.

But small claims does not rely on points of law.

It turns on which judge you get and how they feel.....




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Hi the case number was KT01606


 


thanks

Expert:  UK-Justice replied 3 years ago.
Welcome.

The case name I meant.

But small claims is not like normal court.

Very informal, no rules of evidence efc.


Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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