Charania v Harbour Estates Ltd

Charania v Harbour Estates Ltd

The judge was entitled to conclude, and was correct in concluding, that there was a causal link between Harbour Estates' introduction of the purchaser and the ultimate purchase, making the agent the effective cause and entitling them to commission.

Parties
Appellant/defendant: Shamas Charania; Respondent/claimant: Harbour Estates Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2009
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Estate Agency Commission, Sole Agency Agreements, Causation in Contract, Introduction of Purchaser
Contract Law Property Law Estate Agency Commission Sole Agency Agreements Causation in Contract Introduction of Purchaser

Case Brief

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Parties

Shamas Charania

Appellant/defendant

Harbour Estates Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sale was with a purchaser introduced by the agent during the period of sole agency
  2. 2 Whether there was a causal link between the agent's introduction and the purchase

Ratio Decidendi

The judge was entitled to conclude, and was correct in concluding, that there was a causal link between Harbour Estates' introduction of the purchaser and the ultimate purchase, making the agent the effective cause and entitling them to commission.

Court Disposition

Appeal dismissed

Orders

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