In Western Australia, what is the consequence if an agent sells a property without a written appointment to act signed by the seller?
Correct Answer
A) The agent is not entitled to commission for that sale under the Act
Section 60 of the Real Estate and Business Agents Act 1978 (WA) says an agent is not entitled to commission unless licensed and appointed in writing, signed by the person the agent acts for, with the property identified and the method of calculating commission set out. Commission received without a valid appointment can be recovered from the agent as a civil debt. The sale between buyer and seller is not affected.
Why This Is the Correct Answer
Section 60 of the Act makes a written, signed appointment a condition of the agent's right to commission, so an agent who acts without one cannot claim it.
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