This summary of my posts on the Office of Fair Trading v. Foxtons case was written last year but I have done a few posts since then. So it is being updated so it includes my later posts on the Foxtons litigation, which is now concluded.
OFT Victory in Foxtons unfair contract terms case.
This is my initial report on the case, and explains the judgment.
The OFT v. Foxton case – commission on renewals
This item looks specifically at what the judgment says on the question of commision on renewals, with reference to the status of these clauses now, and quotes extensively from the wording of the Judgement.
Letting agents – instead of renewal fees
This post discusses what some dishonest agents are doing to replace the renewal commission they are losing, and discusses also the ‘fiduciary duties’ of agents (which seem to have been forgotten by many agents).
Advice for landlords seeking to recover commisison post OFT v. Foxtons
This post gives some guidance to landlords on what they can do now (ie as at July 2009 to the date of this post) if they think they may have a claim against their agents as a result of the Foxtons case.
Foxtons to appeal decision in OFT unfair terms case
This announced the news that Foxtons intended to appeal the decision.
Foxtons withdraws appeal
Looking at the reasons why Foxtons decided not to proceed
Foxtons case concluded – now is the time for agents to review their agency agreements
Summing up and final comments.
An interesting case. It is shame that we could not have the benefit of the Court of Appeals views, as cases on the Unfair Terms in Consumer Contracts Regulations are rare and it is always good to get some guidance. However this is a very useful decision, and not just for agents contracts.