Foxtons Ltd v Pelkey Bicknell and another [electronic resource]
Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 419, 23 April 2008. Considered whether an estate agent had to show that they had introduced a party to the purchase of a property, not simply to existence of the property, in order to claim commission. The appellant (B) had employed the respondent agency (F) to arrange the sale of her house. F's terms of business stated that B would pay commission if sale was made while F was sole agent, or to a party who was introduced during this period. F introduced a prospective purchaser who arranged for another party (K) to view the house. K was uninterested. However at a later date another agency suggested the property to K, who was then of a different opinion. The judge held that the wording of F's contract entitled them to commission if a party they introduced went on the purchase the house "at any time". B appealed. "Held": B's interpretation of the term "purchaser" within the agreement was preferable. The facts showed no reason why F should be regarded as having introduced K to the purchase. K was uninterested upon F's introduction; several weeks had passed and another introduction made before she decided to purchase. Appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 143389-1001 |
[2008] EWCA Civ 419, 23 April 2008. Considered whether an estate agent had to show that they had introduced a party to the purchase of a property, not simply to existence of the property, in order to claim commission. The appellant (B) had employed the respondent agency (F) to arrange the sale of her house. F's terms of business stated that B would pay commission if sale was made while F was sole agent, or to a party who was introduced during this period. F introduced a prospective purchaser who arranged for another party (K) to view the house. K was uninterested. However at a later date another agency suggested the property to K, who was then of a different opinion. The judge held that the wording of F's contract entitled them to commission if a party they introduced went on the purchase the house "at any time". B appealed. "Held": B's interpretation of the term "purchaser" within the agreement was preferable. The facts showed no reason why F should be regarded as having introduced K to the purchase. K was uninterested upon F's introduction; several weeks had passed and another introduction made before she decided to purchase. Appeal allowed.