Cases - Sinclair Goldsmith v Minero Peru Commercial

Record details

Name
Sinclair Goldsmith v Minero Peru Commercial
Date
[1978]
Citation
2 EGLR 28
Keywords
Estate agency - commission
Summary
The defendants were looking for offices to rent in London. The plaintiff agents, who were not retained, met the defendants and took instructions to find appropriate property. The plaintiffs introduced a property to the defendants, but the rental was too high. Subsequently a retained agent for the property re-introduced the defendants to the property and was able to negotiate a lease at a lower rental. The plaintiffs claimed commission for introducing the property in the first place. The judge stated that, in order to be entitled to commission for an introduction (which resulted in a deal), it is necessary to say so in clear terms. He found that the agreement was really for 'seeking and negotiating' and, although the plaintiffs were entitled to a sum for seeking, they were not entitled to full commission as they had not negotiated the tenancy.