45Entitlement to commission after written appointment expires

45 Entitlement to commission after written appointment expires

(1)  In this section –

specified property, in relation to a written appointment under section 44(2) , means a property specified in that appointment.

(2)  A real estate agent appointed to act for a person (the vendor) under a written appointment under section 44(2) , is entitled to sue for, recover or retain any valuable consideration for services provided under that written appointment if –

(a) within 90 days after the expiry or termination of the written appointment, the specified property is sold by the vendor; and

(b) the real estate agent had –

(i) introduced the purchaser to the vendor; or

(ii) shown the specified property to the purchaser; and

(c) the introduction or showing of the property was the effective cause of the sale.

(3)  Subsection (2) does not apply if the sale of the specified property is subject to a valid written appointment under section 44(2) .