||All England Reporter
|| All ER (D) 250 (Apr)
||Court of Appeal, Civil Division
May, Rix and Jacob LJJ
||Andrew Davis (instructed by Foxtons Ltd Legal Department) for the claimant.
||Neil Mendoza (instructed by Roodyn Manski) for the defendants.
||19 April 2005
Contracts - Contractual term - Implied term - Business efficacy - Estate agency - Commission payable on exchange of contracts.
Where the claimant estate agents claimed a 3% commission pursuant to their contract with the defendants, the contract was enforceable, and although commission would normally be paid on completion under the common law, the claimant was legally permitted to alter the conditions of such an agreement to provide that commission should be paid on the exchange of contracts.
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