Cases - Keppel v Wheeler

Record details

Name

Keppel v Wheeler

Date

[1927]

Citation

1 KB 577

Keywords

Estate agency

Summary

Having found a buyer subject to contract, the agent passed on another offer, not to the vendor, but to the buyer. On the facts it was found that the agent honestly believed he had discharged his duties to the vendor by finding a buyer subject to contract, so commission was due.

However, the Court of Appeal held that there had been a breach of duty, and awarded damages equal to the difference between the contract price and the undisclosed offer. Lord Justice Atkin specifically found that there had been a breach of contract by the agent. He also stated, by way of example, that if an agent failed to pass on particulars of the property, the principal 'would have a claim for breach of contract to use reasonable skill and diligence in the obtaining of a purchaser'.