Being an agent

Agents are authorised to act on behalf of landlords. They can enter into binding contracts and materially affect the legal position of landlords. Agents are in a special legal position due to the reasonable presumption on the part of landlords that agents will act in the landlords' best interests, to the exclusion of others. To collect their fees, agents must be the effective cause of the transaction.

Where agents have the authority to contract as the agent for a landlord, they owe no liability or duty to third parties with whom they contract as the contract formed is that of the landlord and not the agent.

Setting out the terms of contract clearly will prevent issues arising, and this section discusses some of the key considerations involved.

This section is maintained by Nikki Basin of Anthony Gold Solicitors.

RICS standard: Real estate agency and brokerage

RICS standard: Real estate management