{"id":6457,"date":"2019-02-02T20:54:53","date_gmt":"2019-02-02T20:54:53","guid":{"rendered":"https:\/\/legalblog.ie\/property-services-older-regulation\/"},"modified":"2023-09-03T19:30:31","modified_gmt":"2023-09-03T19:30:31","slug":"property-services-older-regulation","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/property-services-older-regulation\/","title":{"rendered":"Property Services (Older Regulation)"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/property-services-older-regulation\/#Auctioneers_and_House_Agents_Previous_Legislation\" title=\"Auctioneers and House Agents (Previous Legislation)\">Auctioneers and House Agents (Previous Legislation)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/property-services-older-regulation\/#Auctioneers_Old_System\" title=\"Auctioneers\u00a0(Old System)\">Auctioneers\u00a0(Old System)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/property-services-older-regulation\/#House_Agents_Old_System\" title=\"House Agents (Old System)\">House Agents (Old System)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/property-services-older-regulation\/#Former_Application_Procedure\" title=\"Former Application Procedure\">Former Application Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/property-services-older-regulation\/#Renewals_Old_System\" title=\"Renewals\u00a0(Old System)\">Renewals\u00a0(Old System)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/property-services-older-regulation\/#Refusal_Old_System\" title=\"Refusal (Old System)\">Refusal (Old System)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/property-services-older-regulation\/#Regulatory_Requirements_Old_System\" title=\"Regulatory Requirements (Old System)\">Regulatory Requirements (Old System)<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Auctioneers_and_House_Agents_Previous_Legislation\"><\/span>Auctioneers and House Agents (Previous Legislation)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The regulation of auctioneers had been due for a radical overhaul for some considerable time.\u00a0 A\u00a0 shadow regulator was established in 2009.<\/p>\n<p>The former licence system provided that a person may practice as an auctioneer or house agent provided he holds a licence under the Auctioneer and House Agents Acts, 1947, 1967 and 1973 and the regulations made under them.\u00a0 It was an offence for any person to hold themselves out or carry on business as an auctioneer or house agent other than in accordance with the Acts.<\/p>\n<p>There were exceptions for the following types of auctions:<\/p>\n<ul>\n<li>Auctions conducted by Customs &amp; Excise officers;<\/li>\n<li>Auctions by sheriffs and County Registrars;<\/li>\n<li>Auctions by Revenue Commissioners under Income Tax Acts;<\/li>\n<li>Auctions relating to items taken in distress by rate collector;<\/li>\n<li>Auctions of wreck under the Merchant Shipping Act;<\/li>\n<li>Auctions of fresh fish;<\/li>\n<li>Auctions of State property;<\/li>\n<li>Auctions by a person of his own goods.<\/li>\n<\/ul>\n<p>It was an offence to carry on or represent oneself as carrying on the business of an auctioneer without a licence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Auctioneers_Old_System\"><\/span>Auctioneers\u00a0(Old System)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An auctioneer is an agent who is engaged to sell a dispose of property at auction or by private treaty. \u00a0This may include sales and lettings.\u00a0 In practice, many auctioneers also provided business or property management, consultancy services and\/ or financial or mortgage brokers.<\/p>\n<p>Auctioneers carrying out financial services must be regulated under financial services legislation. \u00a0See our separate chapters in that regard.<\/p>\n<p>Many auctioneers are surveyors regulated by the Institute of Chartered Surveyors in Ireland. \u00a0The Building Control Act has brought in legislation for building surveyors and quantity surveyors but not property or valuation surveyors.<\/p>\n<p>Many if not most auctioneers are members of a number of associations which themselves have professional rules, requirements and standards independent of the legal system of regulation now in existence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"House_Agents_Old_System\"><\/span>House Agents (Old System)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A house agent was subject to similar licensing and regulation as that for an auctioneer.\u00a0 A house agent is a person who as agent for another and for reward or the expectation of award, purchases, sells or lets, offers for sale or letting or invites offers for purchasing or letting of a house other than by way of auction.\u00a0 An auctioneer includes a house agent but also was aslo authorised for the conduct of sale by auction.<\/p>\n<p>In practice it was unusual for persons who seek house agent\u2019s licence only given that the auctioneer licence authorises sale by auction in addition to house agency.<\/p>\n<p>House agents and auctioneers were required to obtain a\u00a0licence on an annual basis from the Revenue Commissioners.\u00a0 A tax clearance certificate is required.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Former_Application_Procedure\"><\/span>Former Application Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The application for the certificate must be accompanied by a certificate of qualification granted by the District Court, a certificate of the accounting of the Court\u2019s offices and the appropriate excise duty or fee on the licence.<\/p>\n<p>The certificate of qualification is granted by the District Court.\u00a0 The certificate of the accountant is granted by the official confirming that the requisite guarantee bond required by legislation is in place.\u00a0 This bond is in the sum of \u00a310,000 (\u20ac12,269).\u00a0 The amount of the bond has not been increased for inflation.<\/p>\n<p>The Application is made to the District Court area in which the business is to be carried out.\u00a0 If the business carried out more than one area it is made in respect of the principal place of business.<\/p>\n<p>The notice of Application for the certificate must state certain matters including:<\/p>\n<ul>\n<li>Name and business name;<\/li>\n<li>Time and place of application.<\/li>\n<\/ul>\n<p>The application must be given to the Garda Siochana and advertised in a newspaper at least 28 days prior to the Application.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Renewals_Old_System\"><\/span>Renewals\u00a0(Old System)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>On a second and subsequent application \u2013 an accountant\u2019s certificate must be furnished to the Court.\u00a0 This requires the accountant to confirm that the licensee has conducted accounts and client\u2019s accounts in a satisfactory manner in the previous year.\u00a0 The District Judge has discretion to grant an Application for certificate of qualification where the accountant\u2019s certificate is not forthcoming where the applicant proves:<\/p>\n<ul>\n<li>That he is complying with necessary steps to comply in the future;<\/li>\n<li>That no client has suffered loss;<\/li>\n<li>That he is solvent in relation to the business of auctioneer and any other business in which he may be engaged.<\/li>\n<\/ul>\n<p>In the above context an accountant means a person qualified to be auditor of a company or in the case of a person or partnership, a person with requisite independence from the firm.<\/p>\n<p>An objection may be made to the issue of a certificate of qualification by members of the public.\u00a0 Notice of objection must be given and lodged with the District Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Refusal_Old_System\"><\/span>Refusal (Old System)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The District Judge may refuse an Application for a certification qualification where:<\/p>\n<ul>\n<li>The applicant is not a fit and proper person to hold the certificate;<\/li>\n<li>The applicant is an undischarged bankrupt or arranging debtor;<\/li>\n<li>The applicant is under 18;<\/li>\n<li>The applicant has been disqualified under the legislation;<\/li>\n<li>The previous licence has been suspended or cancelled;<\/li>\n<li>The individual responsible or proposed to be responsible for the management of the business is a person is application would be refused.<\/li>\n<\/ul>\n<p>There ws an appeal to the Circuit Court against refusal of a certificate of qualification.<\/p>\n<p>The District Court has power to cancel a licence where the auctioneer or house agent is convicted of any offence involving fraud, dishonesty or breach of trust.\u00a0 Cancellation, suspension or disqualification may be ordered in addition to any other punishment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Regulatory_Requirements_Old_System\"><\/span>Regulatory Requirements (Old System)<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person holding an auction must display the auctioneer\\&#8217;s licence bearing the name under which he is licensed to carry out business, his address and principal place of business.\u00a0 Failure to do so is an offence.<\/p>\n<p>The bond required under the Auctioneer\\&#8217;s Act is a deposit or guarantee bond in the sum of \u00a310,000.\u00a0 A guarantee bond is issued by an insurance company.\u00a0 Its purpose is to guarantee the due performance of the obligations incurred by the auctioneer as a licensed auctioneer in relation to receipt or payment money or safe custody of property.<\/p>\n<p>An application can remain with me for payment out of such deposit or to the insurance company where a person who has obtained Judgment against an auctioneer or house agent in respect of payment of money or safe custody of the property.\u00a0 There are special forms for proceedings for a claim against the guarantee bond.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-6457\" data-postid=\"6457\" class=\"themify_builder_content themify_builder_content-6457 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Auctioneers and House Agents (Previous Legislation) The regulation of auctioneers had been due for a radical overhaul for some considerable time.\u00a0 A\u00a0 shadow regulator was established in 2009. The former licence system provided that a person may practice as an auctioneer or house agent provided he holds a licence under the Auctioneer and House Agents [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[367],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/6457"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=6457"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/6457\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=6457"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=6457"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=6457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}