PENMAN
Restaurant owner Bagher Lotfi made one point absolutely clear to the visiting rep from RTA: he would not pay any upfront fees.
The rep assured him that this was fine and so Mr Lotfi signed a contract for RTA to market Verde Pizza & Pasta in Chelmsford, Essex.
So he was furious when RTA said he must pay £500 for an Energy Performance Certificate – not least because he could get one much cheaper elsewhere.
Feeling misled, he cancelled the agreement.
RTA, based in Stockport, Cheshire, said he was bound by its terms and that meant paying half the commission that it would have received had it sold the restaurant, and it sued him for £4,750.
District Judge Gill dismissed RTA’s claim, describing Mr Lotfi as a credible witness and ruling he was tricked into signing the contract.
“I find there was misrepresentation,” said the judge, ruling that its sales rep “induced him and persuaded him to sign this agreement on the basis that he would not be liable to pay any fees”.
The sales rep did not turn up at Willesden county court, north London, to give his version of events.
Mr Lotfi was delighted but asked: “How can they sleep at night?”