Imagine Chris sells his house to Julie with the assistance of Damien, an estate agent. As is practice, all three sign the sale agreement. Chris and Julie thereafter enter into a written addendum regarding the date of occupation, without informing
Damien. Does this render the agreement void as all parties did not sign it?
No, whilst it is practice for estate agents to sign sale agreements they are generally not (legally) considered a party to the agreement between the seller and purchaser – except with regard to the commission clause. In this clause rights are usually bestowed on the agent and in this respect only, is he or she ‘a party’ to the agreement. Should the buyer and seller agree to amend a clause conferring a right on the agent, the agent must be involved and co-sign for it to be effective.
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