Charania v Harbour Estates Ltd [2009] EWCA Civ 1123 (27 October 2009)

Charania v Harbour Estates Ltd [2009] EWCA Civ 1123 (27 October 2009)

Harbour Estates was the effective cause of the sale; the purchaser's interest was engendered by the agent's introduction and viewings, and the subsequent purchase was causally linked to that introduction, entitling the agent to commission.

Citation
[2009] EWCA Civ 1123
Parties
Appellant/defendant: Shamas Charania; Respondent/claimant: Harbour Estates Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2009
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Estate Agency Commission, Causation in Contract, Effective Cause, Introduction of Purchaser
Contract Law Property Law Estate Agency Commission Causation in Contract Effective Cause Introduction of Purchaser

Case Brief

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Parties

Shamas Charania

Appellant/defendant

Harbour Estates Limited

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Harbour Estates was the effective cause of the sale to Mr Yazdani and entitled to commission under the sole agency agreement

Ratio Decidendi

Harbour Estates was the effective cause of the sale; the purchaser's interest was engendered by the agent's introduction and viewings, and the subsequent purchase was causally linked to that introduction, entitling the agent to commission.

Court Disposition

Appeal dismissed

Orders

  • Judgment for Harbour Estates Limited for commission of £34,915.20 inclusive of VAT and interest