While some of Australia’s markets are firing on all cylinders, many are not, meaning properties can languish on the market for much longer than the standard agent appointment lasts.
If a property doesn’t sell, often the vendor will choose to go with another agent, who may end up securing a sale.
Sometimes this buyer has already had dealings with the first agent, as well as the second but does that mean they’re entitled to the commission, too?
“There is a plethora of case law dealing with agents’ entitlement to commission in circumstances where they have introduced a buyer to a property, who subsequently purchases the property after the agent’s appointment has expired,” Carter Newell Lawyers partner Michael Gapes said.
“The cases demonstrate that the agent will have to establish a causal connection between their introduction of the buyer to the property and the ultimate sale of the property.”
Gapes said that it is clear that by…
View original post 490 more words