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Thread: RTA (BUSINESS CONSULTANTS) LIMITED - and - PETER BRACEWELL 2015 (FEB)

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    Amethyst's Avatar

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    Default RTA (BUSINESS CONSULTANTS) LIMITED - and - PETER BRACEWELL 2015 (FEB)

    http://www.bailii.org/ew/cases/EWHC/QB/2015/630.html

    Summary from '' COUNSEL''
    Contract – Illegality. The claimant carried on business as business transfer agents. It was common ground that the activities of the claimant fell within the definition of the expression 'estate agency work' in s 1(1) of the Estate Agents Act 1979. The relevance of that was the reference to 'estate agents' in the Money Laundering Regulations 2007, SI 07/2157. The parties entered into an agreement and a dispute arose. The claimant brought a claim based on the agreement. The defendant contended that the agreement was not enforceable for illegality. Applying established law, the Queen's Bench Division held that the agreement was illegal and was consequently unenforceable.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    Amethyst's Avatar

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    Default Re: RTA (BUSINESS CONSULTANTS) LIMITED - and - PETER BRACEWELL 2015 (FEB)

    So Powys Council took over regulation of estate agents from the OFT.

    Do we know what the actual rules are for registration of estate agents. Covered by the Estate Agents Act 1979. Business Transfer Agents are classed as Estate Agents ( according to Bracewell ) however Powys seems only to deal with residential property.

    http://www.powys.gov.uk/en/licensing...ncy-standards/


    Or the HMRC for money laundering ? estate agents must register with HMRC as an Estate Agency Business for anti-money laundering supervision under the Money Laundering Regulations 2007.
    https://www.gov.uk/government/public...ncy-businesses


    Detailed search results

    Money Laundering Regulations registration number including suffix : 12740770 (00000)
    Registered business name : ERNEST WILSON'S & CO LTD
    Business name : ERNEST WILSON'S & CO LTD
    Trading name (if exists) :
    Trading address : DEANHURST, GELDERD ROAD, GILDERSOME, LEEDS
    Trading postcode : LS27 7LG
    Types of Supervised Businesses : Estate agent business
    Date registered : 01/04/2014

    Money Laundering Regulations registration number including suffix : 12812890 (00000)
    Registered business name : ERNEST WILSONS (WEST YORKSHIRE) LTD
    Business name : ERNEST WILSONS (WEST YORKSHIRE) LTD
    Trading name (if exists) :
    Trading address : THE BUSINESS CENTRE, DEANHURST PARK, GELDERD ROAD, LEEDS
    Trading postcode : LS27 7LG
    Types of Supervised Businesses : Estate agent business
    Date registered : 14/05/2015


    Quote Originally Posted by RTA v BRacewell
    Illegality
    By Estate Agents Act 1979 s.1(1) it is provided that:-

    "This Act applies, subject to subsections (2) to (4) below, to any person in the course of a business (including a business in which he is employed) pursuant to instructions received from another person (in this section referred to as "the client") who wishes to dispose of or acquire an interest in land -

    (a) for the purpose of, or with a view to, effecting the introduction to the client of a third person who wishes to acquire or, as the case may be, to dispose of such an interest; and

    (b) after such an introduction has been effected in the course of that business, for the purpose of securing the disposal or, as the case may be the acquisition of that interest;

    and in this Act the expression "estate agency work" refers to things done as mentioned above to which this Act applies."

    It was common ground before me that in relation to those cases, like that of Mr. Bracewell, in which RTA sought to find a buyer for a business the assets of which included an interest in land, the activities of RTA fell within the definition of the expression "estate agency work" in Estate Agents Act 1979 s.l(l). The relevance of that is the reference to "estate agents" in Money Laundering Regulations 2007, SI 2007 No.2157 ("the 2007 Regulations").

    The 2007 Regulations were made to implement in part Directive 2005/60/EC in relation to money laundering.

    By Regulation 24(1) of the 2007 Regulations it is provided that:-

    "A supervisory authority must effectively monitor the relevant persons for whom it is the supervisory authority and take necessary measures for the purpose of securing compliance by such persons with the requirements of these Regulations."

    By Regulation 23(1)(b) of the 2007 Regulations the Office of Fair Trading ("OFT") was designated "the supervisory authority " in relation to "estate agents".

    For the purposes of the 2007 Regulations the expression "relevant persons" was defined in Regulation 3(1) as including "(f) estate agents". At Regulation 3(11) of the 2007 Regulations the expression "estate agent" is defined as meaning:-

    "(a) a firm; or

    (b) sole practitioner

    who or whose employees carry out estate agency work within the meaning of section 1 of the Estate Agents Act 1979 (estate agency work) when in the course of carrying out such work."

    Regulation 2(1) of the 2007 Regulations defined the expression "firm" as meaning, "any entity, whether or not a legal person, that is not an individual and includes a body corporate and a partnership or other unincorporated association;".

    Consequently the 2007 Regulations applied to RTA insofar as its business included "estate agency work", which it did in relation to the services agreed to be performed for Mr. Bracewell under the Agreement.

    Regulation 32 of the 2007 Regulations is in these terms, so far as presently material:-

    "(1) The supervisory authorities mentioned in paragraph (2),

    (3) or (4) may, in order to fulfil their duties under regulation 24, maintain a register under this regulation.

    (2) ...

    (3) The OFT may maintain registers of—

    (a) ...

    (b) estate agents.

    (5) Where a supervisory authority decides to maintain a register under this regulation, it must take reasonable steps to bring its decision to the attention of those relevant persons in respect of whom the register is to be established.

    (6) A supervisory authority may keep a register under this regulation in any form it thinks fit.

    (7) ..."

    By Regulation 33 of the 2007 Regulations it is provided that:-

    "Where a supervisory authority decides to maintain a register under regulation 32 in respect of any description of relevant persons and establishes a register for that purpose, a relevant person of that description may not carry on the business or profession in question for a period of more than six months beginning on the date on which the supervisory authority establishes the register unless he is included in the register."

    OFT determined to establish a register of "estate agents" on 1 July 2009.

    It was common ground before me that RTA did not apply to OFT for registration under the 2007 Regulations until 12 October 2012. OFT notified RTA on 2 November 2012 that it had been registered pursuant to the 2007 Regulations.

    Thus at the date of the making of the Agreement RTA was not registered with OFT for the purposes of the 2007 Regulations, and it should have been.

    It was submitted on behalf of Mr. Bracewell that the consequence of RTA not having been registered under the 2007 Regulations at the date of the Agreement was that the Agreement was unenforceable by reason of illegality.
    So that means checking on registration pre april 2014 when the FCA/HMRC/Powys etc took over regulation of estate agents.

    Which EW were
    Licence Number:0367195
    Licence Status:Historic
    Current Applicant / Licensee:
    Business Name Company Registration Number
    Ernest Wilson
    Categories:
    Consumer credit
    Right To Canvass Off Trade Premises:No
    Trading Name(s) (Current):
    Robert Williamson
    Issued Date: 09-Dec-1994
    Legal Formation:
    Partnership
    Current Individuals that run the organisation:
    Name Position
    Mr Robert Williamson PARTNER
    Ms Eve Williamson PARTNER
    Current Address(es):
    Last edited by Amethyst; 23rd October 2015 at 09:36:AM.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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