Q.
In a process of transaction, buyer signed the contract with the principal without seeing the principal. He only saw the agent. Can he ask the agent to do the necessary (like vacating the premise) without engaging the principal seller?
Can the Agent act as if he is the owner (who had sold the house) hence vacate the house?
A.
The owner/principal is still the owner of the house with the personal effects inside. The agent cannot act as if he is the owner to move the things out. Unless he has a separate contract with his principal to act on behalf as mentioned in S.183 as ... in the absence of any contract to that effect,...
S.183 Agent cannot personally enforce, nor be bound by, contracts on behalf of principal.
In the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them.
Such a contract shall be presumed to exist in the the following cases:
Presumption of contract to contrary.
(a) where the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad;
(b) where the agent does not disclose the name of his principal; and
(c) where the principal, though disclosed, cannot be sued.
In the 3 cases where the Agent can 'act as principal' is illustrated by examples below:
(a) Where the principal is abroad. So, the agent would be bound to carry out the vacating of the premise.
(b) Where the principal is not disclosed - when the identity of the seller is confidential so the agent can decide as how to vacate the premise.
(c) Where the principal cannot be sued - e.g. the Royal Family or Persons of immunity like ambassadors. In such case, the agent has to do the job as being fair to the buyer.
Ref:
S.183 Contracts Act 1950.