Cases - Day Morris Associates v Voyce
Record details
- Name
- Day Morris Associates v Voyce
- Date
- [2003]
- Citation
- EWCA Civ 189
- Legislation
- Keywords
- Estate agency
- Summary
-
The plaintiffs claimed that the defendant had instructed them to market her house and that she had entered into a commission agreement with them. The defendant denied entering any agreement. She had signed no contract, and claimed that her interest in selling the property was tentative. A letter had been sent by the plaintiffs that confirmed and thanked the defendant for her instructions and provided information about charges. It was obviously designed to comply with the requirements of section 18 and the Court of Appeal stated that it 'could only therefore be a pre-contract document'. The plaintiffs asked the defendant to return a signed copy of the letter and to fill in an enclosed questionnaire so that they could prepare the property particulars. The defendant did not respond, and claimed that she treated the letter almost as 'junk mail'. The issue for the Court was whether the conduct of the defendant after receipt of the letter amounted to acceptance of its terms.
She allowed the plaintiffs to produce particulars of the property which were given to prospective purchasers and to advertise it by showing people round. (She had handed over the keys before the offer letter had been written, and had not asked to retrieve them.) Such acquiescence in the marketing of the property could signify acceptance and, on the background of the dealings between the parties, it did. Therefore commission was due when the plaintiffs introduced a person who eventually purchased the property.