Berkowitz v MW (St John`s Wood) Ltd and others
Language: English Series: Estates Gazette ; (1993) 48 EG 133-136(4)Publication details: 1993Subject(s): Summary: QBD 10 June 1993. The plaintiff engaged MW as agents to sell his long lease flat and agreed a price of £210,000 with a Mrs B. References were sought by the landlord before consent could be secured and Mrs B`s solicitors despatched two via MW. These were not read by employees of MW and turned out to relate to a Miss De B. Clarification as to the assignee was not supplied. Contracts were exchanged and soon afterwards Mrs B`s solicitors submitted a transfer for subsale to Miss De B at a higher price. After completion B claimed that MW knew of the subsale and had been negligent in not acting in his best interest to secure a higher price. Had he been told of the references he would have renegotiated the sale. Only nominal damages were awarded as the subsale, even if discovered, was for fraudulent purposes.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS49810 (Browse shelf(Opens below)) | 1 | Available | 72822-1001 |
QBD 10 June 1993. The plaintiff engaged MW as agents to sell his long lease flat and agreed a price of £210,000 with a Mrs B. References were sought by the landlord before consent could be secured and Mrs B`s solicitors despatched two via MW. These were not read by employees of MW and turned out to relate to a Miss De B. Clarification as to the assignee was not supplied. Contracts were exchanged and soon afterwards Mrs B`s solicitors submitted a transfer for subsale to Miss De B at a higher price. After completion B claimed that MW knew of the subsale and had been negligent in not acting in his best interest to secure a higher price. Had he been told of the references he would have renegotiated the sale. Only nominal damages were awarded as the subsale, even if discovered, was for fraudulent purposes.