Companies' responsbilities for agents' misdeeds

Earlier, I stated my opinion that real estate companies are probably responsible for the misconduct of their agents. This is based on the fact that the agents are only allowed to transact business under the license of the companies. The agents themselves are not in any separate sole proprietorship, partnership or company.

What about insurance agents and the insurance companies? There are cases that state that insurance companies are not liable for the misconduct of agents representing them. In addition to these cases, there is also the problem that insurance agents are normally working in a separate firm or company. In other words, they are only marketing representatives of the company. However, if the agents have a track record of misconduct and their companies take no disciplinary action against them, interesting issues arise as to whether the companies are in some way negligent.

Complaint about real estate agent

A reader asked for some advice on a matter of a flat that was unlivable. I am not a practising lawyer and cannot give legal advice but here is some general information.

If the lender of a flat promises to do something before you move in, get it in writing. There is an implied term in rental of accomodation that the accomodation is fit for human habitation. If the smell from the flat is very strong, can you prove that.

If the agent is taking commision from you, then it is arguable that the agent has duties to protect your interests. There is also a chance to take legal action against not only the agent but the agent's company as well since the license is issued to the company and agents must be attached to a company.

If your matter is minor, you want to consider using the Small Claims Tribunal.

For this, please see my blog - http://smallclaimsg.blogspot.com/.