000			01966cad a22002295a 4500
001			L147161
008			090407e20090402xxk f v 000 0 eng d
035			_a(Sirsi) u147161
041	0		_aeng
245	0	0	_aOffice of Fair Trading v Foxtons Ltd _h[electronic resource]
260			_c2009
520			_a[2009] EWCA Civ 288, 2 April 2009. Terms in written contracts may not be enforceable if they are unfair to consumers. The Office of Fair Trading (OFT) appealed a decision which would have prevented it seeking a declaration that the respondent estate agent (F) could use contract terms, considered unfair by the OFT, in its letting agreements with landlords. The terms required landlords to pay the letting agent a commission if a tenant remains in a property, even if the agent no longer manages the property. F also required landlords to pay these sums after they have sold the property, even if the letting agent played no part in the sale. F cross-appealed, arguing the terms were not unfair and that the court had no power to grant such declarations. Held: appeal allowed, cross-appeal dismissed. The OFT could take enforcement action under the Unfair Terms in Consumer Contracts Regulations 1999 to protect consumers, and to try and enforce unfair contract terms. Article 7 of the Council Directive 93/13 applied, as did Director General of Fair Trading v First National Bank Plc. Whether or not the terms in any of F's contracts themselves are unfair will be the subject of a further substantive hearing.
590			_aKA NTK
650	2	4	_aOFFICE OF FAIR TRADING V FOXTONS LTD
650	2	4	_aCOUNCIL DIRECTIVE 93/13 1993
650	2	4	_aDIRECTOR GENERAL OF FAIR TRADING V FIRST NATIONAL BANK PLC
650	2	4	_aUNFAIR TERMS IN CONSUMER CONTRACTS 1999
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-PROPERTY AGENCY
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2009/288.html/ _zView the case at: www.bailii.org...
942			_n0
999			_c81412 _d81412