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Johan appointed Samad , a real estate agent, to sell his house at a price not lower than RM450,000. He promised to pay Samad a

Johan appointed Samad , a real estate agent, to sell his house at a price not lower than RM450,000. He promised to pay Samad a commission of 5% of the price of the sale. Despite the appointment, Samad asked Sabri to carry out the sale on his behalf. Sabri, who has no experience in selling property, accepted Zali's offer to buy the house at RM455,000 without negotiating Johan, upon discovering that the sale was not done by Samad, refused to pay the commission. Johan feels that the price could have been higher than that accepted by Sabri. if the sale had been negotiated upon by Samad.

(QUESTION 3, DECEMBER 2015 LAW 416, PAST YEAR QUESTION UITM)

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