113Selling agency agreement

#### 113 Selling agency agreement 113 Selling agency agreement > > (1) Neither a sale commission nor incidental expenses are payable in connection with the sale of a home, unless— > > > > > (a) there is a written selling agency agreement between the home owner and the selling agent entered before the sale, and > > > > > (b) if a sale commission is to be payable—the agreement— > > > > > > > (i) provides for the payment of the commission, and > > > > > > > (ii) specifies the amount of the sale commission or the method of its calculation, and > > > > > > > (iii) sets out the services the agent will perform in return for payment of the sale commission, and > > > > > (c) if incidental expenses are to be payable—the agreement— > > > > > > > (i) provides for the payment of the expenses, and > > > > > > > (ii) sets out the nature of the services for which the expenses will be payable, and > > > > > (d) an invoice or statement of claim is provided to the home owner, setting out amounts claimed and details of the services performed. > > > (2) No sale commission is payable if— > > > > > (a) the home is not sold, or > > > > > (b) the home is sold but the services provided by the selling agent are not the effective cause of the sale, or > > > > > (c) the home is sold but the purchaser is the operator or a close associate of the operator. > > > (3) In this section— > > > > incidental expenses means reasonable expenses that are incurred by the selling agent in connection with the sale or negotiation of the sale of a home and paid or payable to another person who provides an advertising or other service, and includes anything of a kind prescribed by the regulations for the purposes of this definition. > > > > sale commission means a commission, fee or other amount (other than incidental expenses) for the sale or negotiation of the sale of a home.