56BPowers of Tribunal in relation to disputes

56B Powers of Tribunal in relation to disputes (1) If a dispute concerning the amount of commission or outgoings charged by an estate agent is referred to the Tribunal under section 56A, the Tribunal— (a) may determine the dispute; and (b) in the case of excess commission or outgoings, may order the payment of compensation. (2) In determining whether an estate agent or agent's representative has charged excess commission or outgoings, the Tribunal must have regard to— (a) the terms of any agreement between the parties to the dispute relating to the payment of commission and outgoings; (b) the real estate services performed by the estate agent or agent's representative; (c) whether or not the conduct of the estate agent or agent's representative was unfair or unreasonable in the circumstances; (d) any other matter the Tribunal considers relevant. (3) The parties to the dispute are parties to the proceeding under this section. Part V—Builders and subdividers of land 57 Representation etc. by builders and subdividers of land (1) Any person— (a) who having erected or caused to be erected either completely or partially any building on any land for the purpose of selling the land and building obtains the signature of a purchaser or of a person acting on behalf of a purchaser to any contract agreement or document in respect of a sale by him of that land and building which is legally binding upon or intended legally to bind the purchaser or accepts a deposit in relation to the sale; or (b) who obtains any such signature to any such contract agreement or document in respect of the sale by him of any land which contains a provision or is executed in conjunction with a separate contract agreement or document which provides that he shall erect or cause to be erected any building on the land or complete or cause to be completed any building thereon which is not complete or who accepts a deposit in relation to such a transaction; or S. 57(1)(c) amended by No. 53/1988 s. 45(Sch. 3 item 17) (as amended by No. 47/1989 s. 23(2)). (c) who subdivides any land into separate allotments or lots for the purpose of selling the allotments or lots and who obtains any such signature to any such contract agreement or document in respect of the sale of any of the allotments or lots or accepts a deposit in relation thereto— shall before obtaining that signature or accepting that deposit give to the purchaser or to any person signing the contract agreement or document on behalf of the purchaser or to any person paying a deposit on behalf of the purchaser a statement in writing in accordance with the provisions made by section 51 with respect to auctioneers and estate agents, and the provisions of that section shall so far as they are applicable and with such modifications as are necessary apply to and in relation to any contract agreement or document referred to in this section. S. 57(2) amended by No. 9945 s. 3(1)(Sch. 1 item 16). (2) Any person who being so required by the provisions of subsection (1) fails to give a statement accordingly in respect of a sale of land by him shall be guilty of an offence and shall be liable to a penalty of not more than 10 penalty units. Pt 6 (Heading) amended by No. 103/2004 s. 38(1). Part VI—Accounts, audit and monitoring of estate agency business Pt 6 Div. 1 (Heading) inserted by No. 103/2004 s. 38(2).