John D Wood and Co (Residential and Agricultural) Ltd v Knatchbull
John D Wood and Co (Residential and Agricultural) Ltd v Knatchbull
- 2002
- Estates Gazette [2002] 08 EG 131(8) .
[2002] EWHC 2822 (QB), 16 December 2002. Defendant (K) instructed claimant estate agent (J) to find a buyer for his property. The property was put on the market for £1.5m. The owner of a neighbouring property had used a different estate agent to market his property at an asking price of £1.95m. J became aware of this but did not inform K. J issued proceedings claiming commission. K counterclaimed alleging that J was in breach of contract and was negligent for failing to pass on information and that he had been denied the opportunity to obtain a higher price. Held that J was entitled to his commission. On the counterclaim, K was awarded damages for loss of an opportunity to obtain a higher price. J was not negligent in setting the asking price but had failed in its duty of care to its client in marketing the property (see also Abs66469).
JOHN D WOOD AND CO (RESIDENTIAL AND AGRICULTURAL) LTD V KNATCHBULL
NEGLIGENCE
DUTY OF CARE
DAMAGES
ESTATE AGENTS
DUTY TO INFORM
LIABILITY
[2002] EWHC 2822 (QB), 16 December 2002. Defendant (K) instructed claimant estate agent (J) to find a buyer for his property. The property was put on the market for £1.5m. The owner of a neighbouring property had used a different estate agent to market his property at an asking price of £1.95m. J became aware of this but did not inform K. J issued proceedings claiming commission. K counterclaimed alleging that J was in breach of contract and was negligent for failing to pass on information and that he had been denied the opportunity to obtain a higher price. Held that J was entitled to his commission. On the counterclaim, K was awarded damages for loss of an opportunity to obtain a higher price. J was not negligent in setting the asking price but had failed in its duty of care to its client in marketing the property (see also Abs66469).
JOHN D WOOD AND CO (RESIDENTIAL AND AGRICULTURAL) LTD V KNATCHBULL
NEGLIGENCE
DUTY OF CARE
DAMAGES
ESTATE AGENTS
DUTY TO INFORM
LIABILITY