000 01797cab a2200217 4500
001 ABS68667
008 050112n2004 000 0 eng u
035 _a(Sirsi) u128493
245 _aShaw and another v Sequence (UK) Ltd
260 _c2004
490 _aEstates Gazette
_v[2004] 48 EG 133 (CS)
520 _aQBD, 12 November 2004. Claimants (Sh) had entered into a six-week sole agency agreement with defendant estate agent firm (S) to sell their detached property. G, an employee of S, maintained falsely that an offer had been made although no offer had been received by the end of the agreement period. Sh withdrew their unsold property from the market two months later and brought an action against S alleging breach of contract, negligence and fraudulent misrepresentation. Damages for fraudulent misrepresentation were granted, the amount depending mainly on whether, but for the fraud, S would have exchanged contracts before the property was withdrawn from the market. "Held" claim allowed in part. Many of the problems in the case stemmed from a failure to understand the nature of contracts with estate agents. These are not employment contracts in the ordinary sense but merely promises binding the principal to pay money upon the occurrence of a certain event involving the rendering of some service by the estate agent. The claim for damages based on a reduction in the equity in the property was unsustainable but the claimants were entitled to modest general damages for worry, strain and inconvenience.
590 _aABS
650 _aSHAW AND ANOTHER V SEQUENCE (UK) LTD
650 _aESTATE AGENTS
650 _aSOLE AGENCY
650 _aNEGLIGENCE
650 _aBREACH OF CONTRACT
690 _aMANAGEMENT-BUSINESS MANAGEMENT-PROFESSIONAL PRACTICE
942 _n0
999 _c74709
_d74709