Cases - Hartnell, Taylor, Cook v Bromwich

Record details

Name

Hartnell, Taylor, Cook v Bromwich

Date

[1982]

Citation

2 EGLR 32

Keywords

Estate agency - commission

Summary

The plaintiffs' commission was payable:

'... for our introducing, directly or indirectly, a person ready, able and willing to purchase the property for the asking price or such other price as may be agreed by you'.

The plaintiffs introduced a potential buyer to the defendant. Negotiations were conducted through the plaintiffs but shortly broke down and the potential buyer looked for properties elsewhere. A second agent re-introduced this person to the defendant and was able to persuade him to make a better offer than before. The sale went through and the second agent was paid commission. The plaintiffs, having made the first introduction, claimed commission too.

The Court of Appeal found that, on the facts, the ending of the negotiations between the buyer and the plaintiffs and the re-opening of the negotiations with the second agent constituted a break in the causal connection between the original introduction by the plaintiffs and the sale. It was not enough for the plaintiffs to have made the first introduction, as the commission agreement required them to introduce a person ready, able and willing to purchase. The buyer's willingness to purchase was effected by the second agent. So the first agent was not the effective cause.