QLDIn ForceAct
Introduction Agents Act 2001
sec.52When introduction agent entitled to compensation
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### sec.52 When introduction agent entitled to compensation
This section applies if—
an introduction agent is given a notice under section 50 ; and
under section 51 (1) , the agent refunds to the client the whole of the amount that has been paid under the introduction agreement by the client.
This section does not apply if, under section 53 —
the agent and the client agree in writing on an amount to be paid to the agent; and
the amount is paid to the agent.
The introduction agent may, within 28 days after receiving the notice, apply to a Magistrates Court for an order that the agent is entitled to an amount from the client for things done by the agent under the introduction agreement before the agent received the notice.
The court may order the client to pay an amount to the introduction agent if the court considers that—
the amount, received by the introduction agent before any part of the introduction service is provided, that is more than the prepayment limit for the agreement is only a small amount compared to the contract price for the agreement; and
it would be unfair in all the circumstances of the case for the agent not to recover an amount having regard to—
the extent of the agent’s compliance with this Act as a whole in relation to the agreement; and
the extent to which the agent or anyone else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics.
The court may also make any incidental order, including an order for costs, it considers appropriate.
(sec.52-ssec.1) This section applies if— an introduction agent is given a notice under section 50 ; and under section 51 (1) , the agent refunds to the client the whole of the amount that has been paid under the introduction agreement by the client.
(sec.52-ssec.2) This section does not apply if, under section 53 — the agent and the client agree in writing on an amount to be paid to the agent; and the amount is paid to the agent.
(sec.52-ssec.3) The introduction agent may, within 28 days after receiving the notice, apply to a Magistrates Court for an order that the agent is entitled to an amount from the client for things done by the agent under the introduction agreement before the agent received the notice.
(sec.52-ssec.4) The court may order the client to pay an amount to the introduction agent if the court considers that— the amount, received by the introduction agent before any part of the introduction service is provided, that is more than the prepayment limit for the agreement is only a small amount compared to the contract price for the agreement; and it would be unfair in all the circumstances of the case for the agent not to recover an amount having regard to— the extent of the agent’s compliance with this Act as a whole in relation to the agreement; and the extent to which the agent or anyone else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics.
(sec.52-ssec.5) The court may also make any incidental order, including an order for costs, it considers appropriate.
- (a) an introduction agent is given a notice under section 50 ; and
- (b) under section 51 (1) , the agent refunds to the client the whole of the amount that has been paid under the introduction agreement by the client.
- (a) the agent and the client agree in writing on an amount to be paid to the agent; and
- (b) the amount is paid to the agent.
- (a) the amount, received by the introduction agent before any part of the introduction service is provided, that is more than the prepayment limit for the agreement is only a small amount compared to the contract price for the agreement; and
- (b) it would be unfair in all the circumstances of the case for the agent not to recover an amount having regard to— (i) the extent of the agent’s compliance with this Act as a whole in relation to the agreement; and (ii) the extent to which the agent or anyone else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics.
- (i) the extent of the agent’s compliance with this Act as a whole in relation to the agreement; and
- (ii) the extent to which the agent or anyone else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics.
- (i) the extent of the agent’s compliance with this Act as a whole in relation to the agreement; and
- (ii) the extent to which the agent or anyone else used unfair pressure, undue influence or unfair tactics on the client at any time in relation to the agreement and, if so, the nature and extent of the unfair pressure, undue influence or unfair tactics.