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ESTATE AGENTS ACT 1980 - SECT 80 Right to claim in respect of pecuniary loss

ESTATE AGENTS ACT 1980 - SECT 80

Right to claim in respect of pecuniary loss

S. 80(1) amended by No. 10155 s. 69(1)(e).

    (1)     Subject to this Part, every person who suffers pecuniary loss as referred to in section 79 is entitled to claim compensation from the Fund.

S. 80(2) repealed by No. 86/1994 s. 45(g).

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    (3)     Subject to this Part the amount that a claimant is entitled to claim as compensation from the Fund is the amount of the actual pecuniary loss suffered by him (including the reasonable costs of and disbursements incidental to the making and proof of his claim) less the amount or value of all moneys or other benefits received or receivable by him from a source other than the Fund in reduction of the loss.

    (4)     In addition to any compensation that is payable under this Part, interest is payable out of the Fund on the amount of the compensation, less any amount attributable to costs and disbursements, at the rate of five per cent per annum calculated from and including the day on which the pecuniary loss was suffered until the day on which the claim is satisfied.

    (5)     In addition to any compensation payable pursuant to the provisions of this section there shall be payable out of the Fund to any claimant entitled to compensation the reasonable costs of and disbursements incidental to the making and proof of his claim.

S. 80(6) amended by Nos 10168 s. 3, 55/1987 s. 57(3)(Sch. 5 item 28), 45/1994 s. 42(Sch. item 4.4).

    (6)     For the purposes of this Part an executor, administrator or trustee (other than a trustee company within the meaning of the Trustee Companies Act 1984 ) of the estate of a deceased estate agent carrying on the business of that estate agent pursuant to this Act shall be deemed to be an estate agent holding a current estate agent's licence.