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Agency appeals against court 'commission' verdict favouring vendor

London estate agency Kinleigh Folkard & Hayward says is reported to be appealing against a court’s decision about commission payable by a vendor.

The announcement by the agency yesterday followed publicity over the weekend about a court case, brought by the firm, against barrister Mangal Kapoor.

The Sunday Times says Kapoor, a vendor who had instructed the agency to fell his apartment - valued at £450,000 - allegedly declined to pay the commission because the agency reportedly did not tell him it was selling another property across the road at the same time for £499,000. The vendor says the other property was actually smaller than his own.

The newspaper quotes Kapoor as saying he did not know of the other property being on the market until a For Sale board was erected. “If I had known they had exchanged on a smaller property for almost £50,000 more than mine, I would not have sold for the price I did.”

The judge, at Kingston upon Thames County Court, found that the agent was not entitled to recover its commission because there was “sufficient evidence to find that the [agency] had not disclosed the sale of a neighbouring property at a higher price”.

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