Bairstow Eves London Central Ltd v Smith and another (Record no. 117768)

MARC details
000 -LEADER
fixed length control field 01895cam a2200241 4500
001 - CONTROL NUMBER
control field ABS68057
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040726n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u126921
245 ## - TITLE STATEMENT
Title Bairstow Eves London Central Ltd v Smith and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2004] 29 EG 118-123(6)
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWHC 263 (QB), 20 February 2004. Claimant estate agent (B) agreed with defendant vendor (S) a 1.5% commission upon selling S's flat if paid within 10 days of completion, rising to 3% if paid thereafter. As the vendors' solicitor (D) failed to pay the 1.5% within the 10-day period, B proceeded to recover the full 3%. The judge held that the provisions of the agreement requiring the full 3% were unfair under the Unfair Terms in Consumer Contracts Regulations 1999 Reg 5(1) and that if the 3% was payable, D would have had to indemnify S. B appealed contending that Reg 6(2) of the Regulations, which excluded adequacy of price or remuneration against services supplied from the assessment of unfairness, did not apply and Reg 5(1) containing the tests of unfairness, was not engaged. "Held": appeal dismissed. Reg 6(2) was inapplicable because both parties had contemplated an agreed operative price of 1.5% with a 3% default provision if S failed to fulfil the obligation to pay within 10 days of completion. Reg 5(1) applied and the 3% commission was correctly determined to be unfair and did not bind the vendors. View judgment at www.courtservice.gov.uk.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ESTATE AGENTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element VENDORS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ESTATE AGENTS' COMMISSION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PURCHASERS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999 REG 5(1)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999 REG 6(2)
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY AND LAND LAW-AGENCY-RESIDENTIAL-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 26/07/2004   ABS68057 126921-1001 06/08/2019 1 06/08/2019 Law report