Guan v Lui

[2021] NSWCA 65

NSW Court of Appeal

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Interrogate

Catchwords

1. Agency
2. › Real estate agents
3. › Licensing requirements
4. › Recovery of commission by unlicensed person
5. › Whether services performed 'as a real estate agent'
6. › Whether person acted in representative capacity for a principal
7. › Property, Stock and Business Agents Act 2002 (NSW), ss 3, 8(2)(a)
1. Statutory Interpretation
2. › Definition of 'real estate agent'
3. › Meaning of 'as an agent'
4. › Whether 'agent' used in legal and technical sense
5. › Whether representative capacity required
6. › Property, Stock and Business Agents Act 2002 (NSW), s 3
1. Statutory Interpretation
2. › Property, Stock and Business Agents Act 2002 (NSW)
3. › Section 8(2)(a)
4. › Whether prohibition applies to one-off transactions or only to carrying on business
5. › Relationship between 'acting as' and 'carrying on the business of' a real estate agent

Quick Take

A person who introduces prospective purchasers to a sales process without authority to represent the vendor, purchaser, or any selling agent does not act "as a real estate agent" and is not barred from recovering fees by s 8(2)(a).