Cases - Boote v RT Shiels & Co

Record details

Name

Boote v RT Shiels & Co

Date

[1978]

Citation

1 NZLR 445

Keywords

Estate agency

Summary

A vendor expressly appointed an agent in writing

'to act as my agents to sell the above property on the above terms'.

In the circumstances of the case, the appointment was found to be

'well capable of authorising the agent to take whatever steps might be necessary to bring about a contract of sale of the vendor's property ...'

As the contract required a deposit to be paid, the New Zealand Court of Appeal held that the agent, having authority to sell on the terms of the contract, had implied authority to receive a deposit. Sorrell v Finch was distinguishable as relating to pre-contract deposits.