Sale of Land

Sladen Snippet – Property purchaser’s notice of termination was ineffective because emailed to vendor’s agent.

Sladen Snippet – Property purchaser’s notice of termination was ineffective because emailed to vendor’s agent.

On 11 March 2016 the Supreme Court of Victoria held that a purchaser's notice of termination was ineffective because it was given to a real estate agent. The Court decided that the estate agent’s role was confined to a marketing and sales mandate, with the consequence that the agent did not have the authority to receive a notice of termination. The Court’s analysis considered the scope of the estate agent’s ostensible authority, implied authority and authority under the Sale of Land Act 1962. There may of course be a different result in other circumstances, for example if the evidence shows that a vendor makes it clear that the estate agent has a much broader role than the Court identified here.