Legal amendments to ensure estate agents are paid fairly for past work - News alert

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9 June 2018
News alerts

The Victorian Government has announced amendments to the Estate Agents Act 1980 (the Act) to ensure estate agents who have followed their regulatory responsibilities in good faith and have legitimately performed work, are paid for that work.

Recent County Court and Supreme Court (Court of Appeal) decisions in the matter of Advisory Services Pty Ltd v Augustin & Anor, have exposed a risk where agents who believe they have fulfilled their legal requirements relating to the rebate statement, but have used a non-compliant contract, may be in danger of having their commission withheld by the vendor, with no avenue to recover or retain any commissions or money earned.

The amendments to the Act will focus on the legislative requirements around the rebate statement and ensuring that estate agents are paid for work legitimately performed for past sales when contracts with incomplete rebate statements were used.

The amendments will be introduced into Parliament in the coming weeks.