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PROPERTY AND STOCK AGENTS ACT 2002 - SECT 36
Review of commission and fees
36 Review of commission and fees
(1) An action or other proceedings cannot be commenced by a licensee for the
recovery of remuneration or any sum as reimbursement for expenses until the
expiration of 28 days after a statement of claim has been served personally or
by post on the person to be charged with the remuneration or expenses.
(2)
The statement of claim must be in writing, set out the amount claimed and
contain details of the services performed by the licensee in respect of which
the remuneration or expenses are claimed.
(3) If money has been paid to or is
or has been retained by a licensee (out of money received by or paid to the
licensee) in respect of any transaction by or with the licensee as a licensee
and has been so paid or retained as remuneration or as reimbursement for
expenses in connection with the transaction, the person paying the money or
the person who would be entitled to the money had the money not been retained,
may require the licensee to furnish the person with an itemised account of the
transaction in accordance with the regulations.
(3A) A requirement by a
person under subsection (3) must be in writing.
(4) A person who is served
with a statement of claim under this section or is provided with an itemised
account of a transaction as provided by this section may apply to the Tribunal
for the determination of a consumer claim within the meaning of Part 6A of the
Fair Trading Act 1987 in relation to-- (a) the entitlement of the licensee to
the whole or any part of the amount specified in the statement of claim or the
itemised account, or
(b) whether the whole or any part of the amount is
reasonable,
or both.
(5) For the purpose of the application of Part 6A of the
Fair Trading Act 1987 to that person, a reference in that Part to a
"consumer" is taken to include a reference to that person.
(6) The Tribunal
has jurisdiction to hear and determine any such consumer claim despite-- (a)
the terms or conditions of any agreement or contract entered into between the
licensee and the applicant, and
(b) the amount being more or less than the
maximum amount (if any) of remuneration to which a licensee is entitled under
this Act.
(7) This section does not limit Part 6A of the Fair Trading Act
1987 .
(8) In this section--
"expenses" means expenses or charges incurred in connection with services
performed by a licensee in his or her capacity as a licensee.
"remuneration" means remuneration by way of commission, fee, gain or reward
for services performed by a licensee in his or her capacity as a licensee.
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