Does the doctrine of estoppel apply in circumstances where a homeowner authorized his wife to list their home for sale but does not enter into a binding contract with the purchaser?
Ontario, Canada
The following excerpt is from Exim Group of Canada Inc. v. Abony, 2007 CanLII 24669 (ON SC):
An English court in Spiro v. Lintern[1] employed the doctrine of estoppel in circumstances with similar features to the case at bar. A homeowner authorized his wife to list their home for sale, but not to enter into a binding contract with the purchaser. She purported to the purchaser to agree to sell the house and in communications with the purchaser the owner did not deny his wife’s authority or disabuse the purchaser of the belief that a binding contract existed. The court held the husband was estopped from denying his wife had binding authority.
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