Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 50

Commission

50. Commission



(1) An estate agent is not entitled to sue for or recover or retain any
commission or money in respect of any outgoings for or in respect of any
transaction unless-

   (a)  at all material times in relation to the transaction he or she is the
        holder of an estate agent's licence; and



   (b)  the agent has complied with section 49A(1) with respect to the
        engagement or appointment to undertake the transaction and is not in
        breach of section 49A(2) with respect to the engagement or
        appointment; and



   (c)  the agent has complied with sections 48A and 48B with respect to the
        engagement, appointment or transaction.







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(4) Any estate agent who demands or receives or retains from or pays out of
any moneys held by him or her on behalf of another person any fee in respect
of negotiating or procuring an advance under the
Co-operative Housing Societies Act 1958 or any loan under the Housing Act 1983
and any estate agent who for or in respect of any service or transaction or
any auctioneer who for or in respect of the sale by auction of any real estate
demands receives or retains from any moneys received by him or her an amount
by way of commission or otherwise which is in excess of the amount allowed by
the agent's engagement or appointment to act shall be guilty of an offence
against this Act; and the Court, in addition to imposing any penalty, may
order the agent or auctioneer, to refund any excess or improper amount
received or retained by him or her .

(5) Any covenant agreement or condition whereby any person agrees to waive or
surrender any right or remedy which he or she may have in respect of the
excess or improper amount received or retained by an estate agent or
auctioneer, or in any event, any covenant agreement or condition whereby any
person agrees to waive or surrender any right or remedy which he or she may
have against any estate agent or auctioneer under this Act shall be absolutely
void and of no effect whatsoever.