ACTIn ForceAct
Agents Act 2003
86Agents must not obtain beneficial interest in land
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86 Agents must not obtain beneficial interest in land
(1) An agent commits an offence if the agent—
(a) acts for a seller of land; and
(b) intentionally—
(i) obtains a beneficial interest in the land; or
(ii) is in any way involved in someone else obtaining a
beneficial interest in the land.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
(2) Subsection (1) does not apply to an agent in relation to a beneficial
interest in land if—
(a) before the interest is obtained—
(i) the agent fully discloses to the seller the circumstances
surrounding the obtaining of the beneficial interest; and
(ii) the seller agrees in writing to the obtaining of the interest;
and
(b) the seller—
(i) does not pay to the agent any commission or reward for the
sale of the land; or
(ii) if the agent is a licensed agent––agrees in writing, before
entering into a contract for the sale of the land, to the
payment of a commission or reward to the agent for the
sale.