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Berkowitz v M W (St John`s Wood) Ltd and others

Language: English Series: Estates Gazette ; (1995) 14 EG 138-140(3)Publication details: 1995Subject(s): Summary: CA 10 October 1994. The plaintiff vendor claimed that the estate agents had failed to inform him of the subsale of his flat at a substantially higher sum. This subsale was discovered to be bogus to defraud the mortgagee. Held, the estate agents` failure to detect the intention of a subsale by not properly acting on a fax was not a breach of duty. The vendor had not suffered any loss.

CA 10 October 1994. The plaintiff vendor claimed that the estate agents had failed to inform him of the subsale of his flat at a substantially higher sum. This subsale was discovered to be bogus to defraud the mortgagee. Held, the estate agents` failure to detect the intention of a subsale by not properly acting on a fax was not a breach of duty. The vendor had not suffered any loss.