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Of Interest

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recent case

23 November 2016

Nightingale v James & Ors (DC)

This was a professional liability dispute where we acted for a real estate agency and agent.  It concerned the execution of a counter offer contained in a sale and purchase agreement.

 

The purchasers denied they had initialled changes to the agreement and argued there was no concluded agreement.  If they had not signed the agreement the only other explanation was that the real estate agent did so.  The vendors sued the purchasers for the deposit and other losses.  The purchasers joined the real estate agency and the agent.

 

The court found that the purchasers executed the counter offer and a concluded agreement was reached between them and the vendors.  The allegations against the real estate agency and agent were serious and they have been completely vindicated by the court.  They are also entitled to their costs from the purchasers. 

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