| 单词 | Estate agent |
| 释义 | 地產中介人 A person who in the course of a business (whether or not he carries on that or any other business) does estate agency work, which means (1) any work done in the course of business for a client being work done in relation to the introduction to the client of a third person who wishes to acquire or dispose of a property, or to the negotiation for the acquisition or disposition of a property by the client; (2) or being work done, after the introduction in the course of that business to the client of a third person who wishes to acquire or dispose of a property or the negotiation in the course of that business for the acquisition or disposition of a property by the client, in relation to the acquisition or disposition, as the case may be, of the property by the client: Estate Agents Ordinance (Cap 511) s 2(1). Estate agents have invariably been assumed to be agents to whom the law of principal and agent applies, because they act for their clients in a capacity which involves trust and confidence being placed in them by their clients, and which results in fiduciary duties being owed to their clients akin to those owed by agents to their principals: R v Chong Chui Ha (HCMA 279/93, unreported). An estate agent’s general authority is only to get offers and communicate them to his principal, and without special authority he cannot bind his principal by a contract: ABC News Intercontinental Inc v Bak Ling Enterprises Ltd (HCA 4770/81, unreported). While an estate agent may act for both the seller and the buyer, if he finds himself in a position of conflict resulting from the instructions of the parties, he has a duty to either resolve the conflict or to cease to act, preferably for both parties. He cannot choose to depart form one principal’s instructions, without at least so informing that party: Centaline Property Agency Ltd v Lai Yuk Chun [2002] 2 HKLRD 241. See also Acquisition; Agency; Agent; Disposition. |
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