Cases - Faruk v Wyse

Record details

Name

Faruk v Wyse

Date

[1988]

Citation

2 EGLR 26

Keywords

Estate agency

Summary

The plaintiff instructed defendant agents to arrange a company letting for his house. The agents employed an 18-year-old secretary to deal with residential lettings. The judge said that she:

'... clearly did not have the experience, the training or the education (or ability that would enable her to acquire the training) that would fit her to deal competently (without supervision) with the letting of property. She should, quite simply, never have been allowed to deal with transactions ... from start to finish with members of the public.'

This employee took the word of a part-time barmaid who falsely claimed that the cricket club who employed her would authorise the letting and who purported to sign the tenancy agreement on behalf of the club. The agents, it was held, 'fell wilfully short of their duty' to the plaintiff.