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Aylesford and Co (Estate Agents) Ltd v Al-Habtoor

Series: Estates Gazette ; [2003] 45 EG 174(CS)Publication details: 2003Subject(s): Summary: [2003] EWHC 2451 (QB), 4 October 2003. Claim by estate agents (A) for outstanding fees allegedly owed by defendant (H) following the sale of a furnished residential property, in which H had a leasehold interest. A definitive letter of instruction was sent to H, providing for A to act as sole agent. A submitted that the letter was accompanied by a leaflet setting out its standard terms of business expressly as required by the Estate Agents Act 1979. H signed a pro forma endorsement at the foot of the letter but not the leaflet, which he claimed was not sent. A showed the property to the eventual purchasers. "Held": claim allowed. H was at all times aware of his liability to pay agents' fees. The letter had on the balance of probability been accompanied by the leaflet. The letter claimed such and H's signature had acknowledged it. The agency agreement persisted in line with A's standard terms of business at the date that the eventual purchasers, introduced by A during the period of their sole agency, were shown the property by A. A was entitled to remuneration calculated on the full sum paid for the leasehold and the furniture.
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Law report London Journal article ABS67371 (Browse shelf(Opens below)) 1 Available 124645-1001

[2003] EWHC 2451 (QB), 4 October 2003. Claim by estate agents (A) for outstanding fees allegedly owed by defendant (H) following the sale of a furnished residential property, in which H had a leasehold interest. A definitive letter of instruction was sent to H, providing for A to act as sole agent. A submitted that the letter was accompanied by a leaflet setting out its standard terms of business expressly as required by the Estate Agents Act 1979. H signed a pro forma endorsement at the foot of the letter but not the leaflet, which he claimed was not sent. A showed the property to the eventual purchasers. "Held": claim allowed. H was at all times aware of his liability to pay agents' fees. The letter had on the balance of probability been accompanied by the leaflet. The letter claimed such and H's signature had acknowledged it. The agency agreement persisted in line with A's standard terms of business at the date that the eventual purchasers, introduced by A during the period of their sole agency, were shown the property by A. A was entitled to remuneration calculated on the full sum paid for the leasehold and the furniture.