House agents are usually remunerated by way of commission. The scale
adopted by the Institute of Estate and House Agents embodies the rates
usually charged. In the absence of express provision upon the subject
between the principal and the agent, commission is payable only when the
latter has found a purchaser or tenant. If, however, he had found a
person willing to buy or take property upon the terms upon which the
principal intimated to him his willingness to sell or let it, the
principal will be liable to pay the amount of the commission, even
though in fact he refuses or is unable to sell or let it. Where the
agent can show that he has brought about a sale or tenancy he will be
entitled to the commission notwithstanding the fact that another agent
has been paid, or has recovered in an action, commission in respect of
the same sale or tenancy. The agent's authority may be revoked at any
time; but, where he has already performed the service for which he was
employed, the principal cannot defeat his right to be paid the amount of
the commission by subsequently revoking his authority. If the agent is
unsuccessful in finding a purchaser or tenant, as the case may be, he
will not, as a rule, have any right to remuneration for his efforts in
the matter.
Most auctioneers, in addition to holding auctions, carry on the business
of house and estate agency. The number of licences issued to house
agents and appraisers in England for the year ended 31st March 1899 was
4429, and for the year ended 31st March 1909, 4618. The number of
licences issued to auctioneers in England for the corresponding periods
was 6389 and 6543 respectively. (H. Ha.)
Public-domain text, read in full here on John Shaqi.
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