Ernest Wilson

[Amethyst]

Re: Ernest Wilson

'Contact removed' is just taking off an email address at a yahoo account that Ian kept posting ( I have no idea who's email address it was )

[Andreawx]

Re: Ernest Wilson

What do you mean by Contact removed??
The copy contracts he sent me do not have mothers signature. The second signature isn't my fathers either, nor is the DOB correct.
His last email was unless my mother pays this debt by Wednesday he will start court action against her at MY address unless I give them her forwarding address.

[Amethyst]

Re: Ernest Wilson

Then could you please point to the part in ' English Law' or the Property Ombudsman guidance that states a contract must be signed by the seller first.

[Ian dowd]

Re: Ernest Wilson

Firstly I am in dispute with Ernest Wilson and am a long way down the line.
i have been posting on here for some time and the email address to which you refer is not mine but a very knowledgeable person in this field.
i suggest before you stick your 10 pence worth in you get your facts correct.
i am trying to help not hinder

[Amethyst]

Re: Ernest Wilson

I think you'll have to go a bit deeper than that Ian.

Could you stop posting your email address - to us, you are just a completely random person.

[Ian dowd]

Re: Ernest Wilson

Firstly English law,second the property ombudsmen regulations.
Contact - removed

[enaid]

Re: Ernest Wilson

Did anyone put the Mirror article about business transfer bad practice on here anywhere?

If not http://www.mirror.co.uk/news/uk-news...rnment-3288539

[Kati]

Re: Ernest Wilson

If he's selling his HOME too then surely it has to be "outside the trade/business" :noidea:

[Amethyst]

Re: Ernest Wilson

Handily that quotes the definition of consumer - save me relooking it up

‘consumer’ means any natural person who, in contracts covered by
this Directive, is acting for the purposes which are outside his trade,
business or profession;

Is selling your property ( which includes your business and home) acting for purposes inside or outside the business?

[Amethyst]

Re: Ernest Wilson

That's the previous picknell one. Here's the OFT v Foxtons judgment

[des8]

Re: Ernest Wilson

Foxtons case http://www.legalbeagles.info/forums/...arges-Judgment

( can't find a copy of the actual Judgment atm, I'm sure we have it somewhere)

http://www.bailii.org/ew/cases/EWCA/Civ/2008/419.html

[Amethyst]

Re: Ernest Wilson

Foxtons case http://www.legalbeagles.info/forums/...arges-Judgment

( can't find a copy of the actual Judgment atm, I'm sure we have it somewhere)

[Amethyst]

Re: Ernest Wilson

There is a later judgment which rules sole selling rights commission is fair - http://www.bailii.org/ew/cases/EWCA/Civ/2010/1552.html

.

I think the main issue we have is it is a B2B contract, and even if it were a B2C contract it does contain individually negotiated terms ( flat commission of £2k rather than the standard %)

[Amethyst]

Re: Ernest Wilson

However whether a 'forever' sole selling agreement is fair could be another matter.... most estate agents have a 12 week type sole selling rights, not a forever unless you cancel with 6 months notice agreement.

[Amethyst]

Re: Ernest Wilson

There is a later judgment which rules sole selling rights commission is fair - http://www.bailii.org/ew/cases/EWCA/Civ/2010/1552.html