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Oral contract does not prevent agent from being paid in circumstances not catered for in contract

Published on 19 December 2019. By Tim Brown, Partner and Rosy Gibson, Associate

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In a recent case, the Court of Appeal held that an oral contract for a specified introduction fee payable to an agent if a property sold at a particular price did not prevent the agent from being remunerated when that property was sold for a lesser sum (despite the contract being silent on the matter). Philip Barton v Timothy Gwyn-Jones [2019] EWCA Civ 1999. However, the sum awarded by the court was significantly lower than the introduction fee specified in the contract.

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