The defendant appealed against the award of the estate agent’s fees, acting under a sole agency agreement. The agreement had been terminated. A buyer who had seen the property first under the agency later returned and negotiated a purchase.
Held: It was not enough that the agents had introduced the purchaser to the property, they must introduce him to the purchase. However the judge had concluded that the purchaser had acted deliberately to await the loss of involvement of the agent before seeking a lower price to reflect the saving to the seller. That conclusion of fact was capable of support on the facts, and an appeal court should not intervene. The appeal failed.
Leveson, Wilson, Ward LJJ
[2009] EWCA Civ 1123
Bailii
Estate Agents (Provision of Information) Regulations 1991 (SI 1991/859) 5(1)(b), Estate Agents Act 1999 9
England and Wales
Citing:
Cited – Millar Son and Co v Radford CA 1903
For an estate agent to recover his commission, it was ‘necessary’ to show that the agent’s introduction was an ‘efficient’ (namely effective) cause in bringing about the transaction. . .
Cited – Foxtons Ltd v Pelkey Bicknell and Another CA 23-Apr-2008
The defendant appealed against a finding that she was liable to pay her estate agent, appointed as sole agent, on the sale of her property. The eventual purchasers had visited but rejected the property. The agency was later terminated, and the . .
Cited – Subesh, Suthan, Nagulananthan and Vanniyasingam v Secretary of State for the Home Department CA 17-Mar-2004
The Immigration Appeal Tribunal should not interfere with an adjudicator’s decision unless it concludes that it is not merely able but is required to adopt a different view.
Laws LJ discussed the caution required of an appellate court: ‘The . .
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – Nightingale and others v Parsons CA 9-Mar-1914
In 1908 the plaintiff, who was a house agent, was employed by the defendant to find a tenant for a house at a rent of 120 pounds a year or a purchaser for 2500 pounds. The plaintiff found a tenant who took the house for a term of three years with . .
Cited – Biogen Plc v Medeva Plc HL 31-Oct-1996
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the . .
Cited – Benmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
Cited – Wood (John D) and Co v Dantata; Beauchamp Estates v Dantata CA 1987
The purchaser liked inspecting houses and the vendor had appointed ten firms to act for him as estate agents. Each of the estate agents was approached by this purchaser and each of the estate agents took the would be purchaser over the property of . .
Lists of cited by and citing cases may be incomplete.
Contract, Agency
Updated: 10 January 2022; Ref: scu.377230
