Estate agents have lost the right to commission if a buyer to whom they show a property then makes an offer through another joint agency.

Three senior appeal judges said that Foxtons was not entitled to a £20,000 fee after a buyer they had initially introduced to a £1.15m home went to a joint agent that was marketing the property. In a test Court of Appeal ruling that clarifies the law on estate agents’ commission, they said that commission was only payable if the agents had already persuaded the buyer to make the purchase.

But if they introduce a prospective buyer who then goes away and later makes an offer through another agency, they cannot claim their commission fees, the judges said.

The Times

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