Cases - Fairvale Ltd v Sabharwal

Record details

Name

Fairvale Ltd v Sabharwal

Date

[1992]

Citation

2 EGLR 27

Keywords

Estate agency - commission

Summary

The defendants instructed the plaintiff estate agents to submit property for auction. Commission was due if a sale of the property, whether arranged by the auctioneers or not, was effected within 28 days after the auction. The property was not disposed of at the auction (it did not reach the reserve) but immediately afterwards the plaintiffs introduced the defendants to an unsuccessful bidder. This introduction resulted in a sale to the bidder, but it took place outside the 28-day period. No commission was due. Neither were the plaintiffs entitled to a quantum meruit payment, for it would mean rewriting the bargain made.

[Compare Green v Bartlett.]