New South Wales Consolidated Acts

RESIDENTIAL (LAND LEASE) COMMUNITIES ACT 2013 - SECT 113

113 Selling agency agreement

(1) Neither a sale commission nor incidental expenses are payable in connection with the sale of a home, unless--

(a) there is a written selling agency agreement between the home owner and the selling agent entered before the sale, and

(b) if a sale commission is to be payable--the agreement--

(i) provides for the payment of the commission, and

(ii) specifies the amount of the sale commission or the method of its calculation, and

(iii) sets out the services the agent will perform in return for payment of the sale commission, and

(c) if incidental expenses are to be payable--the agreement--

(i) provides for the payment of the expenses, and

(ii) sets out the nature of the services for which the expenses will be payable, and

(d) an invoice or statement of claim is provided to the home owner, setting out amounts claimed and details of the services performed.

(2) No sale commission is payable if--

(a) the home is not sold, or

(b) the home is sold but the services provided by the selling agent are not the effective cause of the sale, or

(c) the home is sold but the purchaser is the operator or a close associate of the operator.

(3) In this section--

"incidental expenses" means reasonable expenses that are incurred by the selling agent in connection with the sale or negotiation of the sale of a home and paid or payable to another person who provides an advertising or other service, and includes anything of a kind prescribed by the regulations for the purposes of this definition.

"sale commission" means a commission, fee or other amount (other than incidental expenses) for the sale or negotiation of the sale of a home.