000			02431cad a22003015a 4500
001			L146353
008			090112e20080116xxk f v 000 0 eng d
035			_a(Sirsi) u146353
041	0		_aeng
245	0	4	_aCounty Homesearch Co (Thames & Chilterns) Ltd v Cowham _h[electronic resource]
260			_c2008
520			_a[2008] EWCA Civ 26, 16 January 2008. Where the court found it inappropriate to imply in a contract a term that a purchasing agent was only entitled to collect commission if he was the cause of a transaction where the specific terms of the contract were inconsistent with this implied term. The fact that selling agency contracts and purchasing agency contracts were similar did not mean that a purchasing agency contract could properly be ignored. Appellant purchaser (C) appealed against a court decision that he had to pay commission to respondent (H) on the purchase of a property. Under C's agreement with H he paid a £500 fee and agreed to pay commission in the event of H introducing him to a property that he would go on to purchase, or if one of the agents working with H made such an introduction. C ended up buying a property listed on one of the lists provided by H, but declined to pay commission once the sale was completed. Held: appeal dismissed. The agreement between C and H did not prevent H from using other agents. The court found that for the Unfair Terms in Consumer Contracts Regulations 1999 to apply, there had to be a written term where there was doubt as to its true meaning. The fact that it could be argued that a term should be implied did not mean that there was doubt in as regarded the meaning of the term.
521			_aAdvanced
590			_aKA
650	2	4	_aCOUNTY HOMESEARCH CO (THAMES & CHILTERNS) LTD V COWHAM
650	2	4	_aSHIRLAW V SOUTHERN FOUNDRIES (1926) LTD
650	2	4	_aTOULMIN V MILLAR
650	2	4	_aESTATE AGENTS ACT 1979
650	2	4	_aUNFAIR TERMS IN CONSUMER CONTRACTS 1999
650	2	4	_aMILLAR CO & SON V RADFORD
650	2	4	_aBRIAN COOPER AND CO V FAIRVIEW ESTATES (INVESTMENTS) LTD
650	2	4	_aDOYLE V MOUNT KIDSTON MINING AND EXPLORATION PROPERTY LTD
650	2	4	_aEGAN LAWSON LTD V STANDARD LIFE ASSURANCE CO
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-PROPERTY AGENCY
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/26.html _zView the item free of charge online at www.bailii.org...
942			_n0
999			_c109134 _d109134