Agent not to receive commission if contract avoided or rescinded
23 Agent not to receive commission if contract avoided or rescinded
An agent must not demand, receive or retain commission in respect of the sale or purchase of land or a business if the contract by which the transaction is to be effected is rescinded or avoided under this
Act. Maximum penalty: Maximum penalty: $5 000.
Subsection (1) does not apply if—
the contract is rescinded under
Part
2; and
the parties to the contract subsequently enter into another contract for the sale or purchase of the land or business; and
commission would, apart from this section, have been payable to the agent in respect of the subsequent contract.
Commission received or retained by an agent in contravention of this section may be recovered, as a debt, from the agent by the person by whom it was paid.
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