000			01736cam a2200289 4500
001			ABS67962
008			040623n2004 000 0 eng u
035			_a(Sirsi) u126587
100			_aMurdoch, J.
245			_aAgents' rightful duty
260			_c2004
490			_aEstates Gazette _v(0421) 22 May 2004, 149(1)
520			_aDiscusses two recent cases in which estate agents appear as victims of unscrupulous vendors. In "Day Morris Associates v Voyce" ([2003] EWCA Civ 189, Abs66554), CA decided that the appellant estate agents' terms of business had been accepted by virtue of the conduct of the client. The defendant client had, by allowing the agent to produce sale particulars and to show potential buyers around her property, accepted the appellant's sole agency terms. In "Aylesford and Co (Estate Agents) Ltd v Al-Habtoor" ([2003] EWHC 2451 (Admin), Abs67371), the judge found in favour of the claimant agent. The defendant vendor sought not to pay the sales commission to the claimant estate agents, because the claimant had not sent him a terms of business leaflet with its original instructions letter, the claimant's sole agency had expired by the time it had introduced the eventual purchaser and a third party had been the effective cause of the sale not the claimant.
590			_aABS
590			_aABS
650			_aAYLESFORD AND CO (ESTATE AGENTS) LTD V AL-HABTOOR
650			_aDAY MORRIS ASSOCIATES V VOYCE AND ANOTHER
650			_aVENDORS
650			_aPURCHASERS
650			_aAGENTS FEES
650			_aCOMMISSION
650			_aSOLE AGENCY
650			_aESTATE AGENTS
650			_aESTATE AGENTS ACT 1979
690			_aPROPERTY AND LAND LAW-AGENCY-RESIDENTIAL-CASE LAW
942			_n0
999			_c117587 _d117587