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is there any legal case to claim commission and damages from

 
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  • Answered by:AJ Genus
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Customer Question

is there any legal case to claim commission and damages from an estate agent who failed to disclose to me that the purchaser of my property was a director in several of his companies

 

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System of Law: England-and-Wales

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Submitted: 290 days and 2 hours ago.
Category: UK Law
Value: £33
Status: CLOSED

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Expert:  AJ Genus replied 290 days and 2 hours ago.


AJ Genus :

Hi, Thank you for your question and welcome to Just Answer. The Estate Agent may have fallen foul of S.21 of the Estate Agents Act 1979. http://www.legislation.gov.uk/ukpga/1979/38/section/21

AJ Genus :

Otherwise they are in general breach of their fiduciary duty to you.

Customer :

so would i be entitlied to my commission back as he clearly was not acting in my best interests and my purchaser sold the property on at £100k more than he bought it for within 3 months

AJ Genus : Hi, yes you would potentially have a claim for damages. If it has been sold on for £100k more then you have strong evidence of the damage caused. A similiar case to look if you google Barry Mackay sues savills you will see a similar situation. You will need a solicitor to bring this type of claim. Kind regards AJ

Expert TypeLitigator
Category: UK Law
Pos. Feedback: 96.3 %
Accepts: 1240
Answered: 7/12/2012

Experience: LLB, LPC, DELF

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