I just wanted to draw your attention to an excellent post from the Pain Smith blog here on the Foxtons case. This points out that nothing is decided yet, and nothing may be finally decided for quite some time if the case goes to the Court of Appeal.
Pain Smith also point out that this case will just be about Foxton’s terms and conditions. Although it will, clearly, have a huge impact on what other firms can and cannot do in future, there may be circumstances where a clause criticised in the context of the Foxtons case may be allowable in different circumstances.
This is the most unsatisfactory aspects of the Unfair Terms in Consumer Contracts Regulations – until something has gone to court no-one really knows where they are! It is like walking on shifting sands.