000 01364cab a2200229 4500
001 ABS49810
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u72822
041 _aeng
245 _aBerkowitz v MW (St John`s Wood) Ltd and others
260 _c1993
350 _a0
490 _aEstates Gazette
_v(1993) 48 EG 133-136(4)
520 _aQBD 10 June 1993. The plaintiff engaged MW as agents to sell his long lease flat and agreed a price of £210,000 with a Mrs B. References were sought by the landlord before consent could be secured and Mrs B`s solicitors despatched two via MW. These were not read by employees of MW and turned out to relate to a Miss De B. Clarification as to the assignee was not supplied. Contracts were exchanged and soon afterwards Mrs B`s solicitors submitted a transfer for subsale to Miss De B at a higher price. After completion B claimed that MW knew of the subsale and had been negligent in not acting in his best interest to secure a higher price. Had he been told of the references he would have renegotiated the sale. Only nominal damages were awarded as the subsale, even if discovered, was for fraudulent purposes.
650 _aDUTY OF CARE
650 _aESTATE AGENTS
650 _aMORTGAGE FRAUD
650 _aREFERENCES
690 _aHOUSING-CASE LAW
942 _n0
948 _c04/03/1997
999 _c46023
_d46023