Cases - Lester v Adrian Barr & Co Ltd

Record details

Name

Lester v Adrian Barr & Co Ltd

Date

[1962]

Citation

3 AII ER 393

Keywords

Estate agency - commission

Summary

The agency agreement required the agent to find someone 'willing and able to purchase the [leasehold] business' and provided that commission was payable when the purchaser 'signs a binding contract for sale' or if the agents 'receive a deposit ... from a person who does not withdraw the deposit within a period of thirty days'.

The facts of the case resemble Scheggia v Gradwell, in that a person was introduced who signed a contract of sale, but he failed to provide satisfactory references for the landlord. In this case, however, no commission was due as the additional requirement in the agency contract to provide a person 'able to purchase' had not been met. The fact that a contract had been signed, and a deposit paid and kept for 30 days, was insufficient, according to the terms of the contract.