How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5059
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I am a property deal sourcing agent. I have done business

Resolved Question:

I am a property deal sourcing agent. I have done business with a person before who paid my fee for a deal I sourced. We normally get a finders fee agreement signed .
For the next deal I sourced a property deal and put him in touch with the owner from a deal was done. I had received an email from him confirming that upon completion he would pay my fee - £5000. I did not get a fee agreement signed , but he clearly stated that he would pay the fee in the email.As we seemed to have a good relationship I allowed this. Subsequent to completion he claimed that he had not done the deal for himself and referred me to a company who had actually bought the property, who he was associated with. He had apparently agreed that they would be responsible for the fee. I invoiced them and they refused to pay. As my agreement was actually with the individual I went back to him for the fee. He basically referred me back to them and refused to pay. I have now found that he is in fact a director of the company who bought the property. So clearly received a benefit personally. In the meantime, I had actually borrowed money from the person when the relationship was good and used the money for a purchase of the property. He has since demanded the money back with court action. I offered to offset what he owed on my fee and pay the balance , but he refused to be responsible despite his email and clear benefit and connection with the property and the deal. I had written the fee off until recently when he has taken the loan matter to court and threatened bailiffs. I have finally decided , enough is enough and I am going to fight back for my fee . Do I have a right to the fee despite not having a signed agreement? Is an email and a connection / benefit enough for me to sue him for the money?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.
What is it you want to achieve? You want to claim for your fee?

Customer: replied 1 year ago.
my fee is £5000. Because I have been busy and wanted to concentrate on my business moving forward I have not dealt with this for a year. But as he insists on pursuing his loan I have decided I must make a stand .
Expert:  Jamie-Law replied 1 year ago.

You need to write and set out your losses and request the £500 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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.
The main point I wanted to clarify is whether an email is legally binding as an offer / contract? Plus, the property was not bought in his name personally , so whether I can prove a benefit?
Expert:  Jamie-Law replied 1 year ago.

Yes it can be unless its subject to contract.

Does that clarify?

Customer: replied 1 year ago.
His email clearly stated he would pay the fee upon completion and had no clauses.
Customer: replied 1 year ago.
Is there a time limit as this was over a year ago?
Expert:  Jamie-Law replied 1 year ago.

6 years under the Limitation Act 1980

Does that clarify?

Customer: replied 1 year ago.
It sounds fairly straightforward then. I will proceed with the claim. Thank you.
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and other Law Specialists are ready to help you