Franchising agreements
43 Franchising agreements
S. 43 amended by Nos 10028 s. 26(a)(i)(ii) (b), 10155 s. 69(1)(d), substituted by No. 29/1989 s. 12.
S. 43(1) amended by No. 86/1994 s. 47(y)(i).
An estate agent who enters into a franchising agreement must give notice to the Authority of the agreement.
A notice under subsection (1)—
S. 43(2)(a) amended by No. 8/2003 s. 53.
must be in a form approved by the Authority and contain the prescribed particulars; and
S. 43(2)(b) amended by No. 86/1994 s. 47(y)(i).
must be given to the Authority within 30 days after the agreement is entered into.
If an estate agent carries on business pursuant to a franchising agreement—
each party to the agreement is jointly and severally liable for any defalcation by the estate agent; and
each party to the agreement is jointly and severally liable for any liability incurred by the estate agent as a result of negligence by the estate agent or by an employee or servant of the estate agent in the performance of the duties of an estate agent; and
each party to the agreement is jointly and severally liable for any costs or fines arising out of any proceedings instituted in respect of that defalcation or negligence.
If an estate agent contravenes this section each party to the franchising agreement is guilty of an offence.
In this section—
S. 43(5) def. of franchising agreement amended by No. 86/1994 s. 47(y)(ii).
franchising agreement means an agreement whereby an estate agent is authorized to carry on business under any name in consideration of any other person entitled to carry on business under that name receiving any consideration whether by way of a share in the profits of the estate agent's business or otherwise;
defalcation has the same meaning as in Part VII.
This provision refers to the regulations (prescribed particulars
). Made under this Act:
- Estate Agents (Education) Regulations 2020 · under section 99
- Estate Agents (Exemption) Regulations 2024 · under section 99
- Estate Agents (Fees) Regulations 2018 · under section 99
2 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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