Foxtons Ltd v Thesleff & Anor [2005] EWCA Civ 514 (19 April 2005)

Foxtons Ltd v Thesleff & Anor [2005] EWCA Civ 514 (19 April 2005)

The contract clearly provided that Foxtons' commission became payable upon exchange of unconditional contracts, not completion, and both the principal and agent were liable as per the explicit terms signed and acknowledged by the agent.

Citation
[2005] EWCA Civ 514
Parties
Claimant/appellant: Foxtons Limited; Defendant/respondent: Markus Thesleff; Defendant/respondent: Claire Thesleff
Jurisdiction
England and Wales
Judgment Date
19 April 2005
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision
Outcome
Appeal allowed; judgment for claimant
Legal Topics
Estate Agent Commission, Interpretation of Contract Terms, Agent Liability, Effect of Statutory Regulations on Contract Interpretation
Contract Law Agency Law Estate Agent Commission Interpretation of Contract Terms Agent Liability Effect of Statutory Regulations on Contract Interpretation

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Parties

Foxtons Limited

Claimant/appellant

Markus Thesleff

Defendant/respondent

Claire Thesleff

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision

Legal Issues

  1. 1 Whether Foxtons' commission became payable upon exchange of contracts or only upon completion of sale
  2. 2 Whether the agent (first defendant) was personally liable for the commission
  3. 3 Whether the contract terms were sufficiently brought to the defendants' attention

Ratio Decidendi

The contract clearly provided that Foxtons' commission became payable upon exchange of unconditional contracts, not completion, and both the principal and agent were liable as per the explicit terms signed and acknowledged by the agent.

Court Disposition

Appeal allowed; judgment for claimant

Orders

  • Judgment for claimant for £30,315 inclusive of VAT plus interest to be agreed and given to court
  • Appellant/claimant's costs of appeal and below to be agreed or determined by detailed assessment