From: http://e-lawresources.co.uk/Unfair-Terms—Regulation-by-statute.php Intro In addition to the protection offered by the common law, there exists statutory protection from unfair terms in the form of the Unfair Contracts Terms Act 1977  and the Unfair Terms in Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 is a piece of primary legislation whereas the Unfair Terms in Consumer… Read Article →

In RTA’s Contracts there is usually a Clause about ‘Agreed’ Liquidated Damages. Well, did you Agree? According to various Judgments, the parties to a contract may or may not have had ‘equal bargaining power’. (See Unfair Contract Terms Act 1977). Was there any bargaining done before you entered what RTA term ‘an agreement’? Chances are,… Read Article →

To comply fully with The Money Laundering Regulations – since 1st April 2014 administered by HMRC as that is when the Office of Fair Trading ceased to exist – several  Judges have ruled that an Estate Agent (or a Business-sales agent) should comply with “Customer Due Diligence” measures to check the beneficial owner(s) of a… Read Article →

WAS THE BUSINESS TRANSFER AGENT THE EFFECTIVE CAUSE OF A SUCCESSFUL SALE? From: http://www.nortonrosefulbright.com/knowledge/publications/98571/agents-battle-over-commission Enhanced pressure on agents is leading to disputes about whether or not any commission is actually due even where it is evident that an agent has committed a significant amount of time and effort in researching a property, advising on its… Read Article →

http://www.mirror.co.uk/news/uk-news/press-can-not-stopped-reporting-3835510 The story they didn’t want telling The case that a court minion and lawyer tried to keep secret concerned a notorious firm called RTA, which claims to market businesses that are for sale. Its latest target was Baron Marcus, who runs a hardware store called So Many Things at an age when most people… Read Article →

The latest legislation which came into force 13th June 2014 defines “off premises contracts” as   a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader; For “trader” please read any… Read Article →

Business transfer agents: Time to crack down on rogue operators who demand money for nothing The Mirror’s investigative columnist Andrew Penman on the ongoing problem of agents who demand huge fees even when they fail to sell a small business Hit by the recession or maybe just retiring or moving on, there are countless owners… Read Article →

In the text below, please read “Business Marketing Agent” instead of “Bank” – it may help your defence. From: http://www.nortonrosefulbright.com/knowledge/publications/33545/mis-selling-claim-springwell-navigation-corporation-v-jp-morgan-chase-bank The less sophisticated the investor is, the higher the duty of care of the bank (even in the making of opinions). Banks should continue the good practice of determining the investment criteria and risk profiles… Read Article →

Scroll To Top