126No entitlement to commission or expenses without agency agreement

1. An agent is not entitled to any commission or expenses from a client for or in connection with any real estate agency work carried out by the agent for the client unless—

2. the work is performed under a written agency agreement signed by or on behalf of—
   1. the client; and
   2. the agent; and
3. the agency agreement complies with any applicable requirements of any regulations made under section 156; and
4. a copy of the agency agreement signed by or on behalf of the agent was given by or on behalf of the agent to the client within 48 hours after the agreement was signed by or on behalf of the client.

5. A court before which proceedings are taken by an agent for the recovery of any commission or expenses from a client may order that the commission or expenses concerned are wholly or partly recoverable despite a failure by the agent to give a copy of the relevant agency agreement to the client within 48 hours after it was signed by or on behalf of the client.

6. A court may not make an order described in subsection (2) unless satisfied that—

7. the failure to give a copy of the agreement within the required time was occasioned by inadvertence or other cause beyond the control of the agent; and
8. the commission or expenses that will be recoverable if the order is made are fair and reasonable in all the circumstances; and
9. failure to make the order would be unjust.

10. This section overrides subpart 5 of Part 2 of the Contract and Commercial Law Act 2017.

Notes

• Section 126(4): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).