We have acted for vendors in a number of Court disputes
concerning whether a NSW real estate agent is entitled to
commission following a sale.
Problems commonly arise where an original agency agreement
expires, or is terminated and another agent achieves the sale of
property. If the vendor sells to a party that the original agent
claims he "introduced", that agent may have a claim for
commission and the vendor may be faced with paying 2
commissions.
On 3 September 2020 the NSW Court of Appeal gave a judgment on
this issue: Outerbridge v Hall
(Outerbridge). A day later the WA Court of Appeal
gave a judgment on a boat sale commission dispute. This has
prompted us to revisit this topic.
