Disputes with business sales agents

We regularly represent small businesses that find themselves in dispute with business sales agents. The owners of small businesses are often taken in by the inflated value that an agent may put on their business, and then dismayed to find that there is no cooling-off period or right of cancellation. Many business sales agents use standard terms that are heavily weighted in their favour.

There is usually a range of defences available to the business owner, some of which are relatively technical. We have experience in conducting the following defences:

  • Misrepresentation
  • Penalty clauses
  • Effective cause of the sale
  • Breach of the money laundering regulations
  • Breach of the Estate Agents Act 1979

Although litigation is always uncertain, we have a high success rate in defending claims of this type. We are proud to be endorsed by CEBTA.

If you have received a letter of claim from a business sales agent, we can advise you on your options and write a letter of response on your behalf for a fixed fee of £250 plus VAT.

If you are sued by a business sales agent for £10,000 or less, we operate a staged fixed fee service:

Stage 1 is the drafting, filing and service of your Defence. The charge for this stage is £600 plus VAT.

Stage 2 is dealing with the directions questionnaire, disclosure of documents and drafting and serving your witness statements. The charge for this stage is £850 plus VAT.

Stage 3 is preparation for and representation at the final hearing, including the preparation of a hearing bundle and skeleton argument. The charge for this stage is £750 plus VAT. This includes travel to any court in the North West of England – if the hearing is further afield, we reserve the right to add a modest amount for travel (usually no more than £300).

You can ‘pick and mix’ e.g. deal with one or more stages yourself and instruct us to deal with the remainder.

If you are sued for more than £10,000, we would also be happy to assist and we can usually offer fixed fees, but we will need more details about the particular case before we can give you an estimate or a quote.

If you would like to know more, please contact Jon Heath, who will be happy to discuss your case with you on 0151 480 5777.