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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a property company and a managing agent, and her income

Customer Question

I have a property company and a managing agent, and her income is based on a basic plus a productivity bonus. I have asked for an analysis of her productivity, without success: it's on it's way but doesn't materialise. I have now said I will only pay her when I see it. I'm worried she will deduct her fee from money collected on our behalf, is this illegal, is it fraud?
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is she employed by you or do you contract her services out please?

JACUSTOMER-kkf2lst2- : She is self-employed, we haven't arranged a contract with her
Alex Watts :

So there is nothing in writing whatsoever as to the terms?

JACUSTOMER-kkf2lst2- : That's right, except there is an understanding all monies collected should be transferred over as it is not her money.
Alex Watts :

She is not there entitled to deduct any monies.

Alex Watts :

This is because unless there was any agreement oral or written to say that she can deduct monies, then she can not.

Alex Watts :

If there is any dispute then she would have to raise this as a County Court claim.

Alex Watts :

Therefore unless she has authorisation she can not deduct anything.

Alex Watts :

If she does, this wont be fraud, it would be breach of contract and would need to pursue her through the County Court.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-kkf2lst2- : Good, I understand she can not indirectly collect her fee. She must supply us with an invoice with clear details as to what we are purchasing.
Alex Watts :


Alex Watts :

Can I clarify anything else?

Alex Watts :

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