Agents' rightful duty
Series: Estates Gazette ; (0421) 22 May 2004, 149(1)Publication details: 2004Subject(s): Summary: Discusses two recent cases in which estate agents appear as victims of unscrupulous vendors. In "Day Morris Associates v Voyce" ([2003] EWCA Civ 189, Abs66554), CA decided that the appellant estate agents' terms of business had been accepted by virtue of the conduct of the client. The defendant client had, by allowing the agent to produce sale particulars and to show potential buyers around her property, accepted the appellant's sole agency terms. In "Aylesford and Co (Estate Agents) Ltd v Al-Habtoor" ([2003] EWHC 2451 (Admin), Abs67371), the judge found in favour of the claimant agent. The defendant vendor sought not to pay the sales commission to the claimant estate agents, because the claimant had not sent him a terms of business leaflet with its original instructions letter, the claimant's sole agency had expired by the time it had introduced the eventual purchaser and a third party had been the effective cause of the sale not the claimant.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS67962 (Browse shelf(Opens below)) | 1 | Available | 126587-1001 |
Discusses two recent cases in which estate agents appear as victims of unscrupulous vendors. In "Day Morris Associates v Voyce" ([2003] EWCA Civ 189, Abs66554), CA decided that the appellant estate agents' terms of business had been accepted by virtue of the conduct of the client. The defendant client had, by allowing the agent to produce sale particulars and to show potential buyers around her property, accepted the appellant's sole agency terms. In "Aylesford and Co (Estate Agents) Ltd v Al-Habtoor" ([2003] EWHC 2451 (Admin), Abs67371), the judge found in favour of the claimant agent. The defendant vendor sought not to pay the sales commission to the claimant estate agents, because the claimant had not sent him a terms of business leaflet with its original instructions letter, the claimant's sole agency had expired by the time it had introduced the eventual purchaser and a third party had been the effective cause of the sale not the claimant.