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Agents Act 2003
81Meaning of pre-contract information for div 5.6
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81 Meaning of pre-contract information for div 5.6
pre-contract information, for an agent acting for the buyer or seller
of land, means information about—
(a) any relationship, and the nature of the relationship (whether
personal or commercial), the agent has with anyone whom the
agent has referred, refers, or expects to refer, the seller or buyer
to for professional services in relation to the sale or purchase;
and
(b) whether the agent receives, or expects to receive, any benefit,
whether financial or otherwise, from a person whom the agent
has referred, refers, or expects to refer, the seller or buyer to for
professional services and, if so, the amount or value of the
benefit; and
(c) the amount, value or nature of any benefit anyone (other than
the buyer or seller) has received, receives, or expects to receive,
in relation to the sale or purchase, or for promoting the sale or
purchase, or for providing a service in relation to the sale or
purchase, of the land.
Examples of relationships for par (a)
1 a family relationship
2 a business relationship
3 a fiduciary relationship
4 a relationship in which a person is accustomed, or obliged, to act in accordance
with the directions, instructions, or wishes of the other
Examples of people who may receive a benefit for par (c)
1 finance broker
2 financial adviser
3 financier
4 property valuer
5 lawyer
6 real estate agent