Incisive Legal Insights

Incisive Legal Insights

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Benaters Benaters

A Double Commission Claim? Yes Sellers, Beware!

In a recent judgment handed down by the Supreme Court of Appeal, the sellers of a property found themselves liable for estate agent's commission even though they had paid commission to another estate agent after they had sold their house in 2005.

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Benaters Benaters

How has the Consumer Protection Act Changed the Concept of "Voetstoots"?

Voetstoots has always meant that a property is sold "as is" - no matter its condition and without any guarantees.  With a voetstoots clause in the agreement, the buyer was protected only where it could be proved that he had been cheated by the seller in that the seller knew about defects and deceptively kept quiet about them.

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