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 … Continue reading Charania v Harbour Estates Ltd: CA 27 Oct 2009
An estate agent with sole selling rights was not entitled to claim commission on a sale where he had contributed no act to the sale, even though his terms were specific enough to deal with the particular circumstances which had arisen here. Such a clause should be interpreted tightly against those seeking to place reliance … Continue reading Harwood T/A RSBS Group v Smith and Smith and Bedwell Watts and Company (a Firm): CA 14 Nov 1997
The pursuers were contracted to sell a property with sole selling rights. The contract was terminable on two weeks notice. Notice was given, and another company engaged. A buyer confused the two agents and obtained details from the pursuer’s office, and later bought. The pursuer sought payment for the sale. The Sherriff had declined to … Continue reading G and S Properties v Francis and Another: SCS 13 Jun 2001
Estate Agents claimed their commission. They had originally acted as sole agents, but agreed to allow a multiple agency. Contracts were exchanged, but the vendor refused to complete. The vendor claimed that the variation left the agent’s contract ineffective, and that since at common law an estate agent becomes payable only on completion, no commission … Continue reading Foxtons Ltd v Thesleff and Another: CA 19 Apr 2005
The claimants sought commission or a quantum meruit for the part they had taken in finding a suitable site for the defendant’s High Commission in London. Held: The works undertaken were consistent with the claimant seeking work from the defendant. No contract had been signed, and the defendant had indicated a reluctance to agree to … Continue reading MSM Consulting Ltd v United Republic of Tanzania: QBD 30 Jan 2009
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 buyers were re-introduced by a subsequent agent. The claimants claimed entitlement because the sale … Continue reading Foxtons Ltd v Pelkey Bicknell and Another: CA 23 Apr 2008
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