Government floats referral fee ban and acting for both sides in bid to improve home-buying process – Legal Futures

Posted October 23rd, 2017 in consultations, conveyancing, estate agents, fees, news, sale of land, solicitors by sally

‘A ban on estate agents charging solicitors referral fees along with loosening the restriction on conveyancers acting for both seller and buyer were suggested by the government yesterday as possible reforms to improve the home-buying process.’

Full Story

Legal Futures, 23rd October 2017

Source: www.legalfutures.co.uk

Purplebricks ‘surprised’ at new ASA ruling for misleading advert – Daily Telegraph

Posted October 19th, 2017 in advertising, complaints, estate agents, fees, misrepresentation, news by tracey

‘Online estate agent Purplebricks has said it is “surprised” the Advertising Standards Authority upheld a complaint against it for misleading viewers over its fee structure.’

Full Story

Daily Telegraph, 18th October 2017

Source: www.telegraph.co.uk

London Trading Standards issue £370k fines to letting agents in three months – Local Government Lawyer

Posted September 28th, 2017 in consumer protection, estate agents, fines, landlord & tenant, London, news by sally

‘Trading Standards departments in London have issued fines amounting to around £370,000 to lettings agents in the last three months alone, it has emerged.’

Full Story

Local Government Lawyer, 27th September 2017

Source: www.localgovernmentlawyer.co.uk

CMA fines estate agents cartel £370,000 for rate fixing – The Guardian

Posted September 19th, 2017 in competition, estate agents, news, price fixing by tracey

‘A group of estate agents who secretly conspired to keep their fees high to make “as much profit as possible” have been fined £370,000 for operating an illegal cartel.’

Full Story

The Guardian, 18th September 2017

Source: www.theguardian.com

Female estate agent guilty of sexism after she offered male colleague sex act to hit £180k target – Daily Telegraph

Posted June 2nd, 2017 in estate agents, news, sex discrimination by sally

‘A female estate agent has been found guilty of sex discrimination after she offered to perform a sex act on a male colleague if he banked £180,000 in income.’

Full Story

Daily Telegraph, 1st June 2017

Source: www.telegraph.co.uk

Tales of the private sector – Nearly Legal

‘A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can’t come soon enough.’

Full story

Nearly Legal, 8th January 2017

Source: www.nearlylegal.co.uk

Littlewood v Powys County Council – WLR Daily

Posted July 30th, 2015 in estate agents, law reports, local government, regulations by sally

Littlewood v Powys County Council [2015] EWHC 2125 (Admin); [2015] WLR (D) 336

‘For the purposes of Schedule 2 to the Estate Agents Act 1979, where the making of an order under section 3 of the Act prohibiting an unfit person from acting as an estate agent had been delegated to an adjudicator, it was that adjudicator who personally had to hear oral representations from the person affected. The local authority’s proposed procedure whereby the adjudicator, who was the actual decision-maker, only received an audio recording and verbatim transcript of the proceedings before an investigator did not comply with the requirements of the 1979 Act and was unlawful.’

WLR Daily, 23rd July 2015

Source: www.iclr.co.uk

RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

CMA to investigate competition law violation by estate agent trade association and members – Zenith Chambers

Posted December 11th, 2014 in competition, estate agents, fees, news, price fixing by sally

‘The Competition and Markets Authority has announced that it will probe as a priority suspected anticompetitive agreements involving three companies and a trade association operating in the property sales and lettings sector. The investigation puts under the spotlight possible violations of competition law relating to the setting and advertising of fees by estate agents. The CMA has concerns that the arrangements restricted choice for consumers and their ability to compare prices and value for money.’

Full story (PDF)

Zenith Chambers, 11th December 2014

Source: www.zenithchambers.co.uk

Judge criticises police for investigating ‘outrageous’ mother and daughter spat – Daily Telegraph

Posted July 14th, 2014 in damages, estate agents, families, harassment, news, police, theft by sally

‘Nicola Low, 71, and her daughter, Caroline Baines, 40, ran an estate agent together before their relationship ended in a spectacular fall out.’

Full story

Daily Telegraph, 11th July 2014

Source: www.telegraph.co.uk

Tenants to be given right to challenge rogue letting agents – The Guardian

“Tenants are to be given the right to challenge rogue letting agents for the first time after the government agreed at the 11th hour to a legislative amendment requiring all agents to sign up to a mandatory redress scheme.”

Full story

The Guardian, 16th April 2013

Source: www.guardian.co.uk

Estate agent who framed innocent man for speeding jailed – Daily Telegraph

“A selfish estate agent put an innocent client through a terrifying court ordeal after he framed him in a bid to wriggle out of a road ban.”

Full story

Daily Telegraph, 16th August 2012

Source: www.telegraph.co.uk

Regulation of estate agents ‘unnecessary’, says OFT – Law Society’s Gazette

Posted February 22nd, 2010 in estate agents, news, reports, solicitors by sally

“Solicitors have expressed disappointment that the Office of Fair Trading did not propose the regulation of estate agents in its home buying and selling report published last week.”

Full story

Law Society’s Gazette, 22nd February 2010

Source: www.lawgazette.co.uk

Office of Fair Trading vs Foxtons Ltd – Times Law Reports

Posted July 29th, 2009 in estate agents, news, unfair contract terms by sally

Office of Fair Trading vs Foxtons Ltd

Chancery Division

“Provisions in an estate agent’s standard terms and conditions of its letting contracts with landlords relating to renewal commission, third party renewal commission and sales commission were unfair.”

The Times, 29th July 2009

Source: www.timesonline.co.uk

Foxtons’ contracts were unfair because key terms were hidden, rules High Court – OUT-LAW.com

Posted July 14th, 2009 in estate agents, news, unfair contract terms by sally

“The terms and conditions in a letting agency’s contracts with landlords were unfair, the High Court has said. The agency, Foxtons, must now change the way it contracts with landlords.”

Full story

OUT-LAW.com, 13th July 2009

Source: www.out-law.com

Office of Fair Trading v Foxtons Ltd – Times Law Reports

Posted April 14th, 2009 in estate agents, injunctions, law reports, unfair contract terms by sally

Office of Fair Trading v Foxtons Ltd

Court of Appeal

“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”

The Times, 10th April 2009

Source: www.timesonline.co.uk

Office of Fair Trading v Foxtons Ltd – WLR Daily

Posted April 7th, 2009 in estate agents, injunctions, law reports, unfair contract terms by sally

Office of Fair Trading v Foxtons Ltd [2009] EWCA Civ 288; [2009] WLR (D) 128

“An injunction granted in a general challenge by the Office of Fair Trading against the unfairness of certain clauses in an estate agent’s standard terms could extend to the continuing use of unfair terms in an existing contract.”

WLR Daily, 6th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Solicitors to take on estate agents – The Times

Posted March 19th, 2009 in estate agents, news, solicitors by sally

“Solicitors have declared war on estate agents. They are calling for a licensing system to bring them under strict regulation and for greater transparency over what they call excessive fees.”

Full story

The Times, 19th March 2009

Source: www.timesonline.co.uk

Agents ‘breaking home pack law’ – BBC News

Posted August 4th, 2008 in estate agents, home information packs, news by sally

“Some estate agents in England and Wales are breaking the law by marketing properties without ordering a Home Information Pack, the BBC has learned.”

Full story

BBC News, 2nd August 2008

Source: www.bbc.co.uk

Couple win £5,000 for lesbian house advert – Daily Telegraph

Posted July 29th, 2008 in advertising, estate agents, news, sexual orientation discrimination by sally

“A lesbian couple who were publicly outed in a web advert by their estate agents have won £5,000 in compensation.”

Full story

Daily Telegraph, 28th July 2008

Source: www.telegraph.co.uk