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Dáil Éireann díospóireacht -
Wednesday, 14 Dec 1977

Vol. 302 No. 9

Ceisteanna—Questions. Oral Answers. - Sale of Houses.

3.

asked the Minister for Justice if there are any regulations governing the sale of houses by auctioneers, especially with regard to the apparent practice of the same house being promoted for sale by several auctioneers and the inevitable problems this causes for potential house buyers.

The statutory controls on auctioneers and house agents are contained in the Auctioneers and House Agents Acts, 1947 to 1973. Nothing in the Acts makes it unlawful for an auctioneer or house agent to offer for sale something which may also be offered by another person and I am not aware that the practice referred to gives rise to problems of a kind that make legislative control desirable.

Does the Minister appreciate that in the context of this major purchase which people undertake once or twice in a lifetime very serious problems can arise when simultaneous contracts for sale or agreements to buy can be entered into by a number of people in respect of the same property? The reason this question is tabled is because of a recent case.

I understand the position to be that anybody who has a property to sell can go to a number of auctioneers and ask them to try to find a purchaser. I think that is regarded by practically everybody as working reasonably well.

Would the Minister view with concern a situation in which two or three auctioneers might independently agree to sell the same property to their own clients and the same property would, therefore, be subject to the initiation of a contract for sale by two or three different parties at the same time? Is it fair to a member of the public to be in the position that while he is doing business with an auctioneer he is unaware that the house has already been sold that day to two or three other people through two or three other auctioneers?

I can see the difficulty. It is something that can be looked at and if anything can be done to help in the situation mentioned by the Deputy I will be glad to do it.

Will the Minister undertake to have a look at it?

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