Andrews,wished to Sell His Home and Contacted Theo,one of the Real

Essay

Andrews,wished to sell his home and contacted Theo,one of the real estate agents associated with a busy local brokerage.Theo came to the home in order to prepare a specification sheet of the home's features,to take some photographs and to enter into a listing agreement with Andrews.The listing agreement provided that:
"In consideration of your listing and agreeing to offer my property for sale,I hereby give you sole and exclusive authority to sell my said property at the price of $189,000 and upon the terms particularly set out below or at such other price or terms to which I may agree.I further agree to pay you a commission of 6% of the sale price."
Theo held numerous open houses at Andrews' home and generated considerable interest among prospective buyers.Within a short period of time an acceptable agreement of purchase and sale for the home was entered into by Andrews with a purchaser.That agreement contained the following provision:
"THE UNDERSIGNED (Andrews)accepts the above offer and agrees with the Agent above named (Theo)in consideration for his services in procuring the said Offer,to pay him on completion of the sale,a commission of 6% of the sale price which commission may be deducted from the deposit.I hereby irrevocably instruct my solicitor to pay direct to the Agent any unpaid balance of commission from the proceeds."
On the day of closing,Andrews' solicitor received a certified cheque in the full amount from the purchaser.Before the solicitor disbursed the funds Andrews instructed him not to honour the direction in the agreement of purchase and sale to pay directly to the agent any unpaid commission from the proceeds.The solicitor complied with Andrews' instructions and did not pay the funds to the agent.
What legal issues are raised in this situation and what are the rights and liabilities,if any,of the parties involved?