Auctioneers and House Agents Act, 1973
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No. 23/1973: AUCTIONEERS AND HOUSE AGENTS ACT, 1973 |
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ARRANGEMENT OF SECTIONS |
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2 Certain provisions in agreements relating to sales, etc., of property to be void. |
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AN ACT TO AMEND THE LAW RELATING TO AUCTIONEERS AND HOUSE AGENTS. |
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[12th November, 1973] |
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: |
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| Interpretation. |
1.—(1) In this Act "the Principal Act" means the Auctioneers and House Agents Act, 1947 . |
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(2) In this Act references to auctioneers shall be construed as referring only to persons required to be licensed as auctioneers under the Principal Act, and references to house agents shall be construed as referring only to persons required to be licensed as house agents under that Act. |
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| Certain provisions in agreements relating to sales, etc., of property to be void. |
2.—(1) Subject to subsection (2) of this section, any provision (whether express or implied) in an agreement entered into after the commencement of this Act and relating to the sale, lease or letting of property (not being personal chattels), whereby the purchaser, lessee or tenant is required to pay or bear the cost of auctioneers' or house agents' fees or expenses in respect of the sale, lease or letting, shall be void, and any moneys paid under or on foot of such a provision shall be recoverable as a simple contract debt in a court of competent jurisdiction. |
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(2) Nothing, in subsection (1) of this section shall affect the liability of a person to pay fees or expenses to an auctioneer or house agent in respect of the acquisition of any property in a case where the auctioneer or house agent had been retained by the person to acquire such property and does not also act, in relation to such acquisition, on behalf of the person from whom the property is acquired. |
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| Increase of deposit in High Court. |
3.—Notwithstanding section 14 (a) of the Principal Act and section 2 of the Auctioneers and House Agents Act, 1967 , the deposit maintained in the High Court under the Principal Act shall, in respect of any period beginning on or after the 6th day of July, 1974, for which an auctioneer's licence or a house agent's licence is in force, be of the value of £10,000, and the references in sections 14 (d) (ii) and 15 (3) (b) of the Principal Act to two thousand pounds and the reference in section 2 of the said Auctioneers and House Agents Act, 1967 , to five thousand pounds shall be construed accordingly. |
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| Short title, collective citation and commencement. |
4.—(1) This Act may be cited as the Auctioneers and House Agents Act, 1973 . |
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(2) The Auctioneers and House Agents Acts 1947 and 1967, and this Act may be cited together as the Auctioneers and House Agents Acts, 1947 to 1973. |
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(3) This Act shall come into operation on the expiration of the period of one month beginning on the day of the passing thereof. |
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