A written appointment of a real estate agent contained in standard condition 30 of an REIQ contract of sale is limited to the transaction embodied in that contract and does not extend to a subsequent contract for the sale of the same or similar land to the same purchaser on different terms. Estoppel cannot be raised to circumvent the requirement in s 76(1)(c) of the Auctioneers and Agents Act 1971 for a written appointment in respect of the specific transaction giving rise to the commission claim. However, an agent may be the effective cause of a sale under a second contract where the first contract was consensually rescinded and the second contract arose from the same introduction of the purchaser.
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