Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

02/07/2019 - U.K.: verbal agreement for estate agent commissions

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Articoli Correlati: estate agent commissions

The recent case of the Supreme Court “Wells vs Devani” [2019] UKSC 4, interprets the terms of a verbal agreement concluded between a seller and a real estate agent in relation to the payment of the commission of the agent and confirms that, while a verbal agreement can be binding, if the Law on Realtors has not been respected, the Court may reduce the commission of the agent. The case focuses on the trigger for which the agent’s commission becomes payable. The judicial dispute is useful to remember that verbal agreements, such as agreements made by telephone, could be legally binding for the parties involved. Clearly, a contract between a seller and a real estate agent should preferably always be made in writing, to ensure that the interests of all parties are protected and to avoid uncertainty and in particular for the agent, the result of which can a reduction in the agreed quantum for the service.