TROTTER v McSPADDEN

[1986] VR 329·GOBBO J
Purchase
[1986] VR 329
TROTTER v McSPADDEN SUPREME COURT OF VICTORIA GOBBO J 19 June, 24 September 1985
[1986] VR 329
Agency — Estate agent — Commission — Entitlement to commission accruing upon execution of legally binding contract of sale — Contract executed — Contract subject to condition subsequent — Whether agent's entitlement to commission accrued upon execution of contract or upon satisfaction of condition. . An estate agent was, by the terms of his engagement, entitled to commission from the vendor of real property upon a person introduced by the agent signing a document whereby that person bound himself to become the purchaser of the property. A person, introduced by the agent, and the vendor signed a sale note which contained a condition that the sale was subject to and conditional upon the purchaser entering into an unconditional sale of his property by a given date. No unconditional sale of the purchaser's property was entered into by the required date.

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