This judgment has an unusual set of facts in that the seller, purchasers and estate agent agreed that the full purchase price would become payable to the seller before registration of transfer. The purchasers paid the full purchase price to the estate agent, only to be told by the seller that they were in breach as the estate agent withheld payment of the purchase price to the seller until date of transfer. The Court found that the purchasers were not in breach as the facts showed that the agent received and held the purchase price on behalf of the seller.
Posted on: Fri, 02 Aug 2013 10:10:47 +0000
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