Commissions, Commercial Decisions and Avoiding Costly Legal Battles

Our client had entered into an exclusive agreement with an agent to assist them with selling their property. Our client was not happy with the services provided by the agent and sought to terminate the exclusive agreement. Our client believed that they had terminated the agreement and quickly engaged a new agent to assist them with the sale. Following the sale of the property, our client received a Statement of Claim from the original agent indicating that the agent had commenced proceedings against our client for commission payable under the exclusive agreement on the sale of the property.

Following receipt of the Statement of Claim, our client engaged the services of Coutts to assist in the Proceedings and to advise the client of their prospects of success in defending the claim. Following a review of the documents, it appeared that whilst the client had taken steps to terminate the exclusive agreement, they had failed to follow the termination clauses under the exclusive agreement.

Based on our advice, Coutts was able to successfully negotiate the claim with the other agent and a settlement was reached being approximately 10% of the total claim. Coutts quick attention to this matter and advice regarding prospects allowed the client to make a commercial decision and helped save the client significant legal fees which would have been incurred had they proceeded to a full hearing. Coutts’ advice also assisted the client to reduce the possible claim against them by 90%.