Foxtons Ltd v Thesleff & Anor

The contract terms unambiguously provided that Foxtons' commission became payable upon exchange of unconditional contracts with a purchaser introduced by them, and the agent (first defendant) was personally liable as the contract was addressed to him and he did not sign as agent only.

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 / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Estate Agency Commission, Construction of Contract Terms, Agent Liability

Contract Law Agency Law Estate Agency Commission Construction of Contract Terms Agent Liability

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Foxtons Limited

Claimant/appellant

Markus Thesleff

Defendant/respondent

Claire Thesleff

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether Foxtons was entitled to commission upon exchange of contracts or only upon completion of sale
2 Whether the contract terms imposed liability on the agent (first defendant) as well as the principal (second defendant)
3 Effect of statutory definitions and regulations on interpretation of contract terms

Ratio Decidendi

Court Disposition

appeal allowed

Orders

judgment for the claimant for £30,315 inclusive of VAT plus interest to be agreed
appellant/claimant's costs of appeal and below to be agreed or determined by detailed assessment