G & S Properties & Ors v Henderson & Anor [1999] ScotCS 1 (6 January 1999)

G & S Properties & Ors v Henderson & Anor [1999] ScotCS 1 (6 January 1999)

The pursuers are entitled to commission because their actions materially contributed to the sale to the Fergusons, who were introduced to the property by the pursuers during their sole agency. The continuity between the original introduction and the eventual sale was not broken, and the technical non-compliance with statutory information requirements did not cause prejudice and was not sufficient to render the contract unenforceable.

Citation
[1999] ScotCS 1
Parties
Pursuers: G. & S. Properties and Gordon Adams, Sandra Adams and Mark Adams, the whole partners thereof and Cluttons Daniel Smith, formerly known as Cluttons; Defenders: Archibald McIntyre Henderson and Jennifer Isobel Henderson
Jurisdiction
Scotland
Judgment Date
06 January 1999
Procedural Posture
Commercial Contract Dispute / Judgment After Proof (trial)
Outcome
Decree granted in favour of the pursuers for the sum claimed plus VAT and interest.
Legal Topics
Estate Agency Commission, Sole Agency and Sole Selling Rights, Enforceability of Agency Contracts, Compliance With Estate Agents Act 1979, Causation in Entitlement to Commission
Contract Law Agency Law Property Law Estate Agency Commission Sole Agency and Sole Selling Rights Enforceability of Agency Contracts Compliance With Estate Agents Act 1979 Causation in Entitlement to Commission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

G. & S. Properties and Gordon Adams, Sandra Adams and Mark Adams, the whole partners thereof and Cluttons Daniel Smith, formerly known as Cluttons

Pursuers

Archibald McIntyre Henderson and Jennifer Isobel Henderson

Defenders

Procedural Posture

Commercial Contract Dispute / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuers are entitled to commission under the agency contract for the sale of property to the Fergusons
  2. 2 Whether the Fergusons were purchasers introduced by the pursuers within the meaning of the contract
  3. 3 Whether unconditional missives for the sale of the property were concluded with the Fergusons

Ratio Decidendi

The pursuers are entitled to commission because their actions materially contributed to the sale to the Fergusons, who were introduced to the property by the pursuers during their sole agency. The continuity between the original introduction and the eventual sale was not broken, and the technical non-compliance with statutory information requirements did not cause prejudice and was not sufficient to render the contract unenforceable.

Court Disposition

Decree granted in favour of the pursuers for the sum claimed plus VAT and interest.

Orders

  • Sustain the pursuers' first and third pleas-in-law
  • Repel the defenders' first, second, third, fifth and sixth pleas-in-law