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Title: Estate agents : my agent or yours? aspects of breach of fiduciary duty in Hong Kong
Authors: Williams, M
Issue Date: 2001
Source: Hong Kong law journal, 2001, v. 31, p. 90-104
Abstract: An agent is a fiduciary and as such owes a duty of loyalty to his principal. This clear rule of equity is of long and distinguished pedigree. The law of England and Hong Kong are identical on this issue. Acting for two principals in respect of the same transaction is a clear breach of the duty of loyalty, but may be overlooked if the agent provides full information by way of disclosure to both principals and seeks their informed consent. Estate agents in Hong Kong habitually act for both parties in the sale and purchase of land and seek double commissions. The rule against such double employment and the requirements needed to avoid it are discussed with particular reference to several recent cases, and avenues to allow the estate agency profession to avoid the invalidity of their agency contracts are explored.
Publisher: Sweet and Maxwell Asia
Journal: Hong Kong law journal 
ISSN: 0378-0600
Appears in Collections:Journal/Magazine Article

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