Heber Hart

“ A house agent who is merely instructed to act in the usual way of his calling has no authority to bind his employer by a contract. His business is to endeavour to find a person willing to become a purchaser or tenant and then to communicate his offer to the owner. Unless express authority is given to the agent to sell or let, and for that purpose to enter into a binding contract, the principal reserves his right to accept or refuse the offer. ”

“ The agent’s authority may be revoked at any time; but, where he has already performed the service for which he was employed, the principal cannot defeat his right to be paid the amount of the commission by subsequently revoking his authority. If the agent is unsuccessful in finding a purchaser or tenant, as the case may be, he will not, as a rule, have any right to remuneration for his efforts in the matter. ”

“ Where the agent can show that he has brought about a sale or tenancy he will be entitled to the commission notwithstanding the fact that another agent has been paid, or has recovered in an action, commission in respect of the same sale or tenancy. ”