Lauderdale v Cairns [2011] NSWSC 29

This case involved the owner of land at Hervey Bay entering into an agency agreement with a real estate agent who failed to disclose that he acted as the buyer’s agent and did not solicit any offers apart from the buyer’s offer. The owner failed to pay the agent any commission and the agent served a statutory demand for payment. The owner sought to have it set aside on the basis of his offsetting claim, which in turn was based on the misleading conduct of the agent in the negotiation of the sale.

The court found for the owner. The court noted that the offsetting claim could also be based on breach of fiduciary duty because the agent acted for both vendor and purchaser without disclosure of this and pushed through the sale without soliciting other offers.

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