Watters, Wayne Robert & Anor v John Crisp Pty Ltd [1983] FCA 169

Watters, Wayne Robert & Anor v John Crisp Pty Ltd [1983] FCA 169

Commission was not payable because the purchasers' offer was expressly qualified as subject to finance, and there was insufficient evidence to conclude that the appellants accepted the qualified offer, or that the purchasers were ready, willing and able to purchase up to the time of withdrawal by the appellants.

Source-derived case information.

Parties
Appellant: Wayne Robert Watters; Appellant: Robyn Ellen Watters; Respondent: John Crisp Pty. Limited
Jurisdiction
Australia
Judgment Date
28 July 1983
Procedural Posture
Appeal / Judgment After Appeal From Supreme Court of the ACT
Outcome
Appeal allowed
Legal Topics
Entitlement to Real Estate Agent's Commission, Ready, Willing and Able Purchaser, Sale of Property Subject to Finance
Contract Law Entitlement to Real Estate Agent's Commission Ready, Willing and Able Purchaser Sale of Property Subject to Finance

Source-derived case record

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Parties

Wayne Robert Watters

Appellant

Robyn Ellen Watters

Appellant

John Crisp Pty. Limited

Respondent

Procedural Posture

Appeal / Judgment After Appeal From Supreme Court of the ACT

Legal Issues

  1. 1 Whether commission agreement entitles real estate agent to payment upon introduction of a person 'ready, willing and able' to purchase property where offer was subject to finance and no contract was concluded
  2. 2 Whether the purchasers introduced were ready, willing and able to purchase at the relevant time

Ratio Decidendi

Commission was not payable because the purchasers' offer was expressly qualified as subject to finance, and there was insufficient evidence to conclude that the appellants accepted the qualified offer, or that the purchasers were ready, willing and able to purchase up to the time of withdrawal by the appellants.

Court Disposition

Appeal allowed

Orders

  • Order of Supreme Court of ACT and judgment of Court of Petty Sessions awarding respondent $1,710 set aside
  • Respondent's complaint in the Court of Petty Sessions dismissed