New South Wales Consolidated Acts

PROPERTY AND STOCK AGENTS ACT 2002 - SECT 36

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 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.