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Estate Agency Breach of Contract

2»

Comments

  • Can you sack this letting agent and move your business to another?

    Or are you stuck under a long term contract?
  • Not sure why you brought losses or voiding of contracts into this, doesn't seem at all relevant. I would have thought given your wealth of legal expertise that you could see the OP is making a claim for specific performance, one I think they are perfectly entitled to make.
    Specific performance is not available for this type of contract. SP is available for example where you have a contract to purchase something unique such as a piece of land or a particular painting. The courts won't order SP of a generic service.

    I agree with guest101 that the Op is unlikely to be able to claim any damages back from the agent, because the Op cannot prove loss - which is required for a meaningful breach of contract claim.

    The best option is to sack this letting agent and move to another.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Not sure why you brought losses or voiding of contracts into this, doesn't seem at all relevant. I would have thought given your wealth of legal expertise that you could see the OP is making a claim for specific performance, one I think they are perfectly entitled to make.
    Because the OP asked about voiding the contract? And because they have suffered no loss.

    Any financial claim which was the original question, as I've explained, would be incredibly difficult to prove. I brought up losses, as that is typically much easier to prove.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Good grief. The OP is paying for a service (though one would need to read the contract to be sure what that service is) and is either not getting it, or is not satisfied with the quality of service.

    dump the agent.

    Read:


    * Letting agents: how should a landlord select or sack?
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