000			01975cam a2200253 4500
001			ABS66554
008			030331n2003 000 0 eng u
035			_a(Sirsi) u121789
245			_aDay Morris Associates v Voyce and another
260			_c2003
490			_aEstates Gazette Case Summaries _v[2003] 12 EG 129 (CS)
520			_a[2003] EWCA Civil 189, 26 February 2003. The respondent couple (V) was divorcing and the appellant estate agents (D) were asked by the wife to advise on the disposal of the matrimonial home. The wife failed to return a signed copy of D's letter confirming the instructions to sell. D introduced a purchaser (L) to the husband who as a result of ancillary relief proceedings had been given sole conduct of the sale. The husband sold the property to L directly after his wife had instructed D to cease marketing the property because her husband intended to re-mortgage it. D appealed afterproceedings to claim commission from V were dismissed because the sale to L was not by the wife in the sense of it being within her power and choice. "Held" appeal allowed. Although the wife had not signed D's instructions' letter, she had accepted it by her conduct and there could be no reservation constructed to the effect that the wife had to have control of the sale before commission became payable. She had therefore to pay commission to D and was to be indemnified by the husband. View judgment at www.bailii.org.
590			_aABS
650			_aESTATE AGENTS ACT 1979 S18
650			_aINSTRUCTIONS
650			_aDAY MORRIS ASSOCIATES V VOYCE AND ANOTHER
650			_aESTATE AGENTS
650			_aCOMMISSION
650			_aCONFIRMATION OF INSTRUCTIONS IN WRITING
650			_aJOINT OWNERS
690			_aPROPERTY AND LAND LAW-AGENCY-RESIDENTIAL-CASE LAW
856			_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/189.html&query=Day Morris Associates _zView judgment on the BAILII website...
942			_n0
999			_c72381 _d72381