s. s. 43 44 (a) each party to the agreement is jointly and severally liable for any defalcation by the estate agent; and (b) each party to the agreement is jointly and severally liable for any liability incurred by the estate agent as a result of negligence by the estate agent or by an employee or servant of the estate agent in the performance of the duties of an estate agent; and (c) each party to the agreement is jointly and severally liable for any costs or fines arising out of any proceedings instituted in respect of that defalcation or negligence. (4) If an estate agent contravenes this section each party to the franchising agreement is guilty of an offence. (5) In this section— S. 43(5) def. of means an agreement franchising agreement franchising whereby an estate agent is authorized to agreement amended by carry on business under any name in No. 86/1994 consideration of any other person entitled to s. 47(y)(ii). carry on business under that name receiving any consideration whether by way of a share in the profits of the estate agent's business or otherwise; has the same meaning as in Part VII. defalcation 44 Persons not to be employed by agents S. 44(1) (1) An estate agent shall not employ in any capacity amended by in connexion with his business any person— No. 86/1994 s. 47(z)(i). (a) who is for the time being disqualified under this Act from holding a licence; or
(a) each party to the agreement is jointly and severally liable for any defalcation by the estate agent; and (b) each party to the agreement is jointly and severally liable for any liability incurred by the estate agent as a result of negligence by the estate agent or by an employee or servant of the estate agent in the performance of the duties of an estate agent; and s. 43 (c) each party to the agreement is jointly and severally liable for any costs or fines arising out of any proceedings instituted in respect of that defalcation or negligence. (4) If an estate agent contravenes this section each party to the franchising agreement is guilty of an offence. (5) In this section— S. 43(5) def. of franchising agreement amended by No. 86/1994 s. 47(y)(ii). franchising agreement means an agreement whereby an estate agent is authorized to carry on business under any name in consideration of any other person entitled to carry on business under that name receiving any consideration whether by way of a share in the profits of the estate agent's business or otherwise; defalcation has the same meaning as in Part VII. 44 Persons not to be employed by agents s. 44 S. 44(1) amended by No. 86/1994 s. 47(z)(i). (1) An estate agent shall not employ in any capacity in connexion with his business any person— (a) who is for the time being disqualified under this Act from holding a licence; or
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