Advisory Services Pty Ltd (t/a Ray White St Albans) v Augustin & Anor

[2018] VSCA 95

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Sale of Land
2. › Estate agents
3. › Regulated estate agent authority
4. › Disclosure requirements
5. › Rebate statement
6. › Whether statement required where agent not entitled to rebate and no expenses charged
7. › Whether non-compliance bars recovery of commission
8. › Estate Agents Act 1980 (Vic), ss 49A, 50
1. Statutory Interpretation
2. › Consumer protection legislation
3. › Purposive construction
4. › Text, context and purpose
5. › Whether conditional language should be read into unconditional statutory requirement
6. › Whether penalty provision or principle of legality affects construction

Quick Take

Section 49A(4)(c) of the Estate Agents Act 1980 (Vic) requires every estate agent authority to contain a statement that the agent is not entitled to retain any rebate and must not charge the client more than the cost of expenses, regardless of whether the agent will receive any rebate or charge any expenses. An authority that merely states the agent will not be entitled to any rebate, without stating the prohibition on retention, does not comply. Non-compliance bars the agent from suing for or recovering commission under s 50.