West Property Solutions t/as Century 21 West Property Group v Lewis (No 2)

West Property Solutions t/as Century 21 West Property Group sought commission on the sale of a property after their agency agreement was terminated. The respondents, Jason Hunter Lewis and Silvana Piccirillo, argued that the agency was terminated before the buyer was introduced and that the claim for commission was therefore unjustified. The case was heard and determined in the Supreme Court of Queensland. The primary issue before the court was whether the agency was effectively terminated before the introduction of the buyer, and if so, whether this precluded the real estate agent from claiming commission. Additionally, the court had to determine the appropriate quantum of commission, if any, to which the real estate agent was entitled.

The court examined the terms of the agency agreement, the circumstances surrounding the termination of the agreement, and the timing of the introduction of the buyer. It found that the agency was indeed terminated prior to the introduction of the buyer; however, it also determined that the buyer was introduced within a reasonable time after the termination, and thus the real estate agent's claim for commission was not entirely barred. Regarding the quantum of commission, the court considered the terms of the agency agreement and the services provided by the real estate agent. It concluded that the real estate agent was entitled to a proportionate commission based on the services rendered up until the point of termination.

In light of the findings, the court ordered that Jason Hunter Lewis and Silvana Piccirillo pay West Property Solutions t/as Century 21 West Property Group the sum of $12,696.44 by 15 June 2015. The court held that the real estate agent was entitled to a portion of the commission for their services provided before the termination of the agency agreement, taking into account the reduced period of service.