EstatePass
Agency PracticeRebates DisclosureNSWHARD

A vendor will pay for print advertising in her campaign. Her agent will get a rebate from the publisher on that advertising, but the signed paperwork never mentions where the rebate comes from or how much it is. What follows for the agent?

Correct Answer

C) The agent is not entitled to recover those expenses from the vendor

Section 57 of the Property and Stock Agents Act 2002 requires an agency agreement for residential property or rural land to state the source and estimated amount of all rebates, discounts and commissions the licensee will receive in respect of expenses payable by the client. NSW Fair Trading guidance states that an agent is not entitled to any expenses from the client if these disclosures are not made. The disclosure must be in the agreement, before the client commits.

Answer Options
A
The agent may recover the expenses but must refund the rebate after settlement
B
There is no consequence provided the rebate is disclosed in the final sale statement
C
The agent is not entitled to recover those expenses from the vendor
D
The agent must pay the rebate into the trust account for the vendor

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