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Entitlement to commission

Language: English Series: EGCS ; (1988) 6Publication details: 1988Subject(s): Summary: In Barnard Marcus & Co v Ashraf CA 27 January 1988 it was held that the cc was wrong in deciding that as there had been a constructive withdrawal of a property from sale, the only commission payable was under clause 3 of the terms of business. The facts amounted not to a constructive withdrawal, but to a new sale which fell within the provisions of clause 1.

In Barnard Marcus & Co v Ashraf CA 27 January 1988 it was held that the cc was wrong in deciding that as there had been a constructive withdrawal of a property from sale, the only commission payable was under clause 3 of the terms of business. The facts amounted not to a constructive withdrawal, but to a new sale which fell within the provisions of clause 1.