The court, considering whether an estate agent was entitled to his commission, emphasised the importance of the mere introduction of a buyer. In this case first the plaintiff was ‘the effective cause of the introduction’; and that that was ‘a very important consideration in determining who is the cause of the sale because in these matters the introduction is perhaps often the main difficulty.’ Negotiations and efforts by the buyer personally did not displace the causative effect of the introduction which was the effective cause of the sale. If a broker effects an introduction and is willing to go on with the usual business negotiation, it hardly lies in the mouth of an owner who takes it out of his hands to say that he has made no further contribution.
Judges:
Devlin J
Citations:
[1957] 1 LL 127
Cited by:
Cited – Nahum v Royal Holloway and Bedford New College CA 12-Nov-1998
An estate agent was entitled to his commission when he could show that it was he who had brought about the relationship of buyer and seller. Delay and actions of others intended to hide that causation did not defeat the claim. The defendant asked . .
Lists of cited by and citing cases may be incomplete.
Agency
Updated: 29 April 2022; Ref: scu.183815