ESTATE AND HOUSE AGENTS. A person exercising the calling of a house
agent in England is required, under a penalty of L20, to take out yearly
a licence upon which L2 is charged as a duty of excise, unless he is
licensed as an auctioneer or appraiser, or is an agent employed in the
management of landed estates, or a solicitor or conveyancer who has
taken out his annual certificate as such. In this connexion a person is
deemed to be a house agent if he advertises for sale or for letting, or
in any way negotiates for the selling or letting of any furnished house
or part of any furnished house (any storey or flat rated and let as a
separate tenement being for this purpose a house); subject, however, to
the qualification that no one is to be deemed to be a house agent by
reason of his letting, or offering to let, or in any way negotiating for
the letting of, any house the annual rent or value of which does not
exceed L25.
A house agent who is merely instructed to act in the usual way of his
calling has no authority to bind his employer by a contract. His
business is to endeavour to find a person willing to become a purchaser
or tenant and then to communicate his offer to the owner. Unless express
authority is given to the agent to sell or let, and for that purpose to
enter into a binding contract, the principal reserves his right to
accept or refuse the offer. As a rule, a house or estate agent has no
authority to receive payment on behalf of the principal. Where he is
employed to procure a tenant, he must use reasonable diligence to
ascertain that the person to whom the property is let through his agency
is fit to be a tenant. He does not, however, in any way guarantee the
payment of the rent. A house agent may not, for or in expectation of
payment, prepare any deed relating to the sale or letting of real or
personal estate. There is, however, no similar prohibition as to
agreements not under seal, and it is a common practice for house agents
to charge for the preparation of them.
Public-domain text, read in full here on John Shaqi.
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