Agent to establish effective cause of a sale
The claimant estate agent appealed against dismissal of its claim for commission on the sale of the defendant’s property.
Held: The appeal failed. Glentree failed to establish that it was either ‘the’ or ‘an’ effective cause of the sale. What courts have understandably been anxious to avoid wherever possible is the liability of a vendor with multiple agents having to pay more than one commission, although there is no legal presumption either way.
Maurice Kay LJ VP, Richards, Leveson LJJ
[2011] EWCA Civ 755
Bailii
England and Wales
Citing:
Cited – Bow’s Emporium v A R Brett and Co Ltd 1927
The court considered a claim for an estate agent’s commission.
Held: The claim failed. Lord Shaw of Dunfermline said: ‘the continuity between the original relation brought about by the agent and the ultimate transaction has not been merely . .
Appeal from – Glentree Estates Ltd v Holbeton Ltd QBD 25-Nov-2010
The claimant estate agency sought payment of fees on the sale of a property. The defendants denied that the claimant had been the effective cause of the sale.
Held: The claim failed. The agents had not been sufficiently causative of the sale. . .
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 . .
Lists of cited by and citing cases may be incomplete.
Contract, Agency
Updated: 02 November 2021; Ref: scu.441439