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Brodie Marshall and Co (Hotel Division) Ltd v Sharer and another

Language: English Series: Estates Gazette ; [1988] 19 EG 129-144(8)Publication details: 1988Subject(s): Summary: QBD 4 March 1988. Claim by the estate agents (BM) for commission for the sale of a hotel. Although BM were not instrumental in the introduction of the purchasers, they relied on the terms of their 'sole selling agreement'. The claim was based in the alternative on two different clauses in the instructions; (1) if during the period of the sole selling agreement the vendor dealt with a prospective buyer who had not been introduced by BM, BM would still be entitled to commission as if they had effected the introduction. (2) Commission would be paid if BM introduced directly or indirectly a person who agreed to purchase the property at the specified price, or a price acceptable to the vendor. The property was eventually sold when the vendors instructed a commercial property consultant to sell the hotel. BM`s claim for commission was rejected by the vendors, who submitted that the BM`s instructions had been withdrawn before the sale.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS39215 (Browse shelf(Opens below)) 1 Available 15137-1001

QBD 4 March 1988. Claim by the estate agents (BM) for commission for the sale of a hotel. Although BM were not instrumental in the introduction of the purchasers, they relied on the terms of their 'sole selling agreement'. The claim was based in the alternative on two different clauses in the instructions; (1) if during the period of the sole selling agreement the vendor dealt with a prospective buyer who had not been introduced by BM, BM would still be entitled to commission as if they had effected the introduction. (2) Commission would be paid if BM introduced directly or indirectly a person who agreed to purchase the property at the specified price, or a price acceptable to the vendor. The property was eventually sold when the vendors instructed a commercial property consultant to sell the hotel. BM`s claim for commission was rejected by the vendors, who submitted that the BM`s instructions had been withdrawn before the sale.