000 01942cam a2200253 4500
001 ABS63477
008 000000n2001 000 0 eng u
035 _a(Sirsi) u110726
245 _aR v Director General of Fair Trading ex p Benhams Ltd
260 _c2001
490 _aEstates Gazette
_v[2001] 02 EG 146-154(9)
520 _aQBD 22 September 2000. The applicants (B) acted as estate agents for the vendors of a property sold to S for £950,000 who resold the property shortly afterwards for £1.2m. B then dismissed two of their employees, one of who admitted having received £5,000 for their part in the sale and subsale, and notified the respondent (D), alleging bribery and the exclusion of other prospective purchasers. D reported that nothing had taken place that obliged him to act under the terms of the Estate Agents Act 1979 and continued to decline to do so after subsequent reconsideration. B sought judicial review on the grounds that there had been breaches of the Estate Agents (Undesirable Practices)(No 2) Order 1991 and the Estate Agents (Provision of Information) Regulations 1991 and that this required D to act under Estate Agents Act 1979 s3 and s4. It was ruled that the employees' actions had contradicted the Estate Agents (Undesirable Practices)(No 2) Order 1991 Article 2(c) and Sched 3 para 1(a) and/or para 2 and that consequently D was required to consider exercising his powers under Estate Agents Act 1979 s3(1)(d). Application allowed in part
590 _aABS
650 _aBRIBERY
650 _aESTATE AGENTS
650 _aESTATE AGENTS (PROVISION OF INFORMATION) REGULATIONS 1991
650 _aESTATE AGENTS (UNDESIRABLE PRACTICES)(NO 2) ORDER 1991
650 _aESTATE AGENTS ACT 1979
650 _aEXCLUSION
650 _aMALPRACTICE
650 _aR V DIRECTOR GENERAL OF FAIR TRADING EX P BENHAMS LTD
690 _aPROPERTY AND LAND LAW-AGENCY-RESIDENTIAL-CASE LAW
942 _n0
999 _c65994
_d65994