Foxton Ltd v Thesleff and another
Language: English Series: Estates Gazette ; [2005] 17 EG 122 (CS)Publication details: 2005Subject(s): Online resources: Summary: [2004] EWHC CA, 19 April 2005.Considers whether an estate agent was entitled to its sales commission when the sale of the property was not completed. Appellant estate agent (F) had agreed a multiple agency commission if it sold a property belonging to the second respondent vendor (T). F introduced a purchaser, contracts were exchanged but completion failed. F claimed its commission, which the respondents refused to pay, believing that commission was only payable upon completion, a view upheld in the county court. F appealed contending that the judge had erred in his construction of the word purchaser by reference to the Estate Agents (Provision of Information) Regulations 1991, which cover sole agency clauses, and of the phrase achieved sale price to mean the price achieved on completion. "Held": appeal allowed. The terms of the agency agreement clearly provided that the agent was entitled to his commission following the exchange of contracts. There was nothing to stop parties from relying on events other than completion to trigger the payment of the agent's commission. The achieved sale price meant the price stipulated in the contract and the word purchaser was not limited to the person to whom the fee simple absolute was transferred.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | L129666 (Browse shelf(Opens below)) | 1 | Available | 129666-1001 |
[2004] EWHC CA, 19 April 2005.Considers whether an estate agent was entitled to its sales commission when the sale of the property was not completed. Appellant estate agent (F) had agreed a multiple agency commission if it sold a property belonging to the second respondent vendor (T). F introduced a purchaser, contracts were exchanged but completion failed. F claimed its commission, which the respondents refused to pay, believing that commission was only payable upon completion, a view upheld in the county court. F appealed contending that the judge had erred in his construction of the word purchaser by reference to the Estate Agents (Provision of Information) Regulations 1991, which cover sole agency clauses, and of the phrase achieved sale price to mean the price achieved on completion. "Held": appeal allowed. The terms of the agency agreement clearly provided that the agent was entitled to his commission following the exchange of contracts. There was nothing to stop parties from relying on events other than completion to trigger the payment of the agent's commission. The achieved sale price meant the price stipulated in the contract and the word purchaser was not limited to the person to whom the fee simple absolute was transferred.