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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have dealt with a property investor on the basis of me

Resolved Question:

Hi. I have dealt with a property investor on the basis of me sourcing a property under contract for a fee, which that investor has bought and he has paid me as required.
I subsequently sourced another property for him , which he exchanged and completed on. However, due to what I believed was a trusting business relationship I did not get another agreement signed. I received an email confirming that he accepted my fee and would settle it upon completion of the deal. This was a few months ago and despite my request and an invoice he has not paid the fee.
He says that as he was working with a business partner who actually purchased the property in his name that I should invoice them . But of course they have refused to pay also. At no time was it mentioned previous to the purchase that there would be any difficulty with my fee being paid.
I reverted to pointing out that it was he agreed to the fee by email and that he should honour this agreement. But he has refused to do so.
The question is ...does an email agreement constitute a contract? Therefore can I take him to Court?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How much was the fee?
Customer: replied 1 year ago.

The fee was £5000.

Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

So an email agreement to the fee is enforcable?

Expert:  Ash replied 1 year ago.
Yes it is.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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