We have a wealth of experience in dealing with commission disputes involving Estate Agents and their clients. Estate Agency contracts are governed, amongst other legislation, by the Estate Agents Act 1979 and the Estate Agents (Provision of Information) Regulations 1991. Whether the agreement is a sole agency, a multi-agency or a sole selling rights agency, we advise on the contractual position between the parties and the Agent’s entitlement to its commission. Depending upon the wording of the agreement, sometimes the claim will be for the full amount of the agency fee and sometimes a claim in damages representing the loss of profit for the Agent or the loss of opportunity in obtaining a fee. We advise on all issues relating to commission and disputes and, where necessary, obtain injunctive relief to protect the Agent’s fee. This normally entails seeking freezing orders to protect the commission until a court has determined the Agent’s entitlement to a fee.
Some Agents expand their business through franchising and we advise on all aspects of franchising, both for the franchisee and franchisor. These agreements are often detailed and complex and we provide expert advice on the rights and liabilities under such agreements. Where necessary, we are able to enforce the agreement against a party acting in breach of a franchise agreement.
In the agency world, the poaching and solicitation of both clients and staff is not uncommon. We advise on all aspects of restrictive covenants and their enforceability. When breached, we act to protect the Agent’s position in protecting the Agent’s clientele, staff and sometimes data which may have been unlawfully copied or taken by a member of staff. Sometimes Agents set up in competition to their former employer and advice is given as to the enforceability of these covenants where appropriate.
Landlord and Tenant Issues
Many Agents provide a lettings service and we provide detailed and comprehensive advice to our clients on the law relating to lettings. We deal with all types of tenancies and licenses and can advise on all aspects of this complex area of law. Whether advice is required on security of tenure, Section 21 Notices or deposit related issues, the Perrin Myddelton team provide speedy and effective advice in all these areas. Advice is also given where required on the possession of residential premises.
Consumer Protection Legislation and Regulatory Issues
There are an increasing number of regulations and Consumer Protection legislation affecting Estate Agents, Letting Agents and Managing Agents and we are on hand to provide advice relating to all these issues. Agents have to be very careful in the information that they provide to clients and in the information that they do not provide. Failure to give full disclosure of all circumstances relating to the sale of a property or misdescription can involve both civil and criminal liabilities for the Agent. Our team guide the Agent through this complex legislation to ensure that it’s interests are fully protected.