Claimant estate agent sending details of property to defendant – Claimant not retained by vendor – Defendant purchasing property through vendor’s retained agent – Whether agreement between parties that defendant would pay claimant its commission – Claim dismissed
The claimant estate agent was provided with details of a property before it went on the general market. Knowing that the defendant might be interested in the property, the claimant sent a letter to the defendant, providing details of the premises and also stating that its fees “would become payable in the event that the above introduction leads to a successful transaction”.
The defendant’s agent contacted the claimant to express the defendant’s interest in the property and to arrange a viewing. In evidence, the claimant contended that it informed the defendant’s agent that it was not the vendor’s retained agent, and that a discussion as to fees took place. The defendant’s agent gave evidence that she had assumed that the claimant was the letting agent and that it would, therefore, recover the fees from the vendor. The defendant subsequently purchased the property.
The claimant then brought a claim to recover £5,875 commission from the defendant. The main issue between the parties was whether the claimant and defendant had an agreement, either explicit or implicit, that the defendant would be responsible for the claimant’s commission.
Held: The claim was dismissed.
The letter providing details of the property was sent by the claimant to the defendant as “cold mail”. There was no agreement prior to that letter that the defendant would pay the claimant’s fees. Although the defendant received information from the claimant, the offer to purchase the property was put through direct to the vendor’s retained agent and the sale was completed through it. The claimant was not entitled to charge a fee.
Stuart Hornett (instructed by Dechert) appeared for the claimant; Anwar Nashashibi (instructed by Fraser Brown, of Nottingham) appeared for the defendant.
Sarah Addenbrooke, barrister
