48Fees not recoverable in certain circumstances

48 Fees not recoverable in certain circumstances

(1)  A person is not entitled to bring an action to recover any valuable consideration for services provided by the person in the capacity of a real estate agent named in Part 1(1) of the Register unless the person was such a real estate agent both when engaged to act as a real estate agent and when acting as a real estate agent.

(2)  A real estate agent is not entitled to bring an action to recover any valuable consideration for services performed by the agent in the course of any real estate agency business carried on by the agent unless the agent has furnished to the person against whom the action is to be brought a written statement setting out details of those services and the amount claimed in respect of each service.

(3)  A person is not entitled to bring an action to recover any valuable consideration for services provided by the person in the capacity of a property manager carrying on property management business unless the person was a property manager named in Part 2(1) of the Register both when engaged to act as a property manager and when acting as a property manager.

(4)  A property manager is not entitled to bring an action to recover any valuable consideration for services performed by the property manager in the course of carrying on property management business unless the property manager has furnished to the person against whom the action is to be brought a written statement setting out details of those services and the amount claimed in respect of each service.