An agent who duped a home seller out of £5,000 has escaped jail.
Claire Ainsworth, 35, of UK Online Agents in Hyndburn, Lancashire, was instructed to sell the home of Jennifer Scott, 69.
The buyers were builders Steven Walker and his business partner.
Ainsworth told Ms Scott that they would go no higher than £80,000 which she reluctantly accepted, Burnley Crown Court heard.
However, Ainsworth told Mr Walker that the bottom price was £85,000 of which £80,000 would go through the books and £5,000 would be paid in cash.
Mr Walker paid it, believing it would go to the vendor.
However, the court heard that Ms Scott knew nothing about this until going back to her old property and seeing Mr Walker there. He raised the matter, but Ms Scott said: “I don’t know what you’re on about.”
The matter was then reported to police.
Ainsworth denied fraud by false representation but was convicted in her absence when she failed to turn up at court. She failed to get the case reopened.
Defending, Christopher Hudson said that Ainsworth, a mother of two, was intrinsically a decent and talented young woman. She had worked for a number of local estate agents before setting up her own business aged 30.
He said the consequences of her offence had been “catastrophic”. The business had gone and was being wound up, and the family home might have to be sold.
Recorder Mary Prior said a jail sentence would cause disproportionate suffering to her two children.
She sentenced Ainsworth to nine months in custody suspended for 18 months and ordered her to pay her victim £5,000 compensation within six months, plus complete 200 hours of unpaid work.
“…ordered her to pay her victim £5,000 compensation within six months…”
Surely theat should read “…to pay the victim the £5,000 she swindled her out of…“?
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So no consequences at all then?
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Would that be £5000 + interest then or just treat it as an interest free loan?
There is no penalty there either, after all, who’s
going to employ her and she now has plenty of free time to complete the 200 hours of unpaid work.
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