Cases - Prebble & Co v West

Record details

Name

Prebble & Co v West

Date

[1969]

Citation

EGD 770

Keywords

Estate agency

Summary

A vendor claimed that her estate agent had been negligent in informing a prospective purchaser that one of the houses she was selling was falling vacant. As this was the truth, it was held to be quite reasonable and proper for the agent to inform the purchaser so. Therefore negligence was not established. However, the Court of Appeal, examined the question of whether an estate agent owes a duty to use reasonable care when they act.

In this case there was a written undertaking for the agent to use his best endeavours, so there was no doubt that there was a duty to take reasonable care.

In the course of his judgment, Lord Justice Edmund Davies gave an example of an agent, instructed to get a quick sale, who receives an offer but does nothing about it, not even conveying that offer to the client. He then says:

'According to counsel for the agents here, no liability of any kind could conceivably arise in such circumstances. The point does not, I suppose, strictly arise for determination today, but I repeat that I certainly view with reservation the submission that in no circumstances would there be any liability even where an estate agent acts and acts badly.'