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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6903
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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We have an issue with an estate agent that breached their

Customer Question

We have an issue with an estate agent that breached their code of conduct and therefore was in breach of contract.
We issued a 'letter before action' claiming reimbursment of fees and costs. They requested to deal with the matter under the pre-action protocol for professional negligence and following our letter of claim have responded. They've admitted to some but not all of the clauses being breached but have denied any sums are due in the claim.
Whilst I know the costs would be hard to justify, given they've admitted to breach of contract, should their fees be due back in the claim?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

The fact that they breached their code of conduct does not necessarily put them in breach of contract. It has to be a "fundamental" breach of contract or a breach of their duty of care to you in tort which is pretty much the same thing.

For you to succeed in both contract and tort you have to show you suffered some loss as a consequence and they are clearly making the point that they think you suffered no loss as a consequence of any breach accepted by them.

Best regards

Michael

Customer: replied 1 year ago.
assuming it is a fundamental breach, which I believe it to be, because of which we incurred extra costs, should it be reasonable that the claim is valid? Both in terms of the their fees (they didn't do what we paid them to do) or in terms of extra costs incurred?
Thanks
Michael
Expert:  Michael Holly replied 1 year ago.

You will not get all your fees back , whatever they did or did not do you are not talking about total non performance.

We do not have punitive damages in the UK as in the US , you have to show the damage caused so it is very unlikely you will get back all your fees .

Best regards

Michael