Real Estate Agents Act 2008

7 Exemption for lawyers and conveyancers

(1)

This section applies to any person who is—

(a)

a lawyer within the meaning of the Lawyers and Conveyancers Act 2006 or a person acting under the supervision of such a lawyer; or

(b)

a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006 or a person acting under the supervision of such a conveyancing practitioner; or

(c)

an incorporated firm within the meaning of the Lawyers and Conveyancers Act 2006.

(2)

A person to whom this section applies may carry out any real estate agency work but, in respect of the sale or other disposal of any land or business, is not entitled to be remunerated for that work by commission in addition to, or instead of, the professional charges of that lawyer or conveyancing practitioner.

(3)

When any person to whom this section applies carries out any real estate agency work, that person—

(a)

is deemed not to be doing so as an agent; and

(b)

is not subject to any of the provisions of this Act; but

(c)

is deemed to be acting in his or her capacity—

(i)

as a lawyer within the meaning of the Lawyers and Conveyancers Act 2006; or

(ii)

as a person acting under the supervision of a lawyer within the meaning of the Lawyers and Conveyancers Act 2006; or

(iii)

as a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006; or

(iv)

as a person acting under the supervision of a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006; or

(v)

as an incorporated firm within the meaning of the Lawyers and Conveyancers Act 2006; and

(d)

is subject accordingly to the provisions of the Lawyers and Conveyancers Act 2006.

Compare: 1976 No 9 s 3(7), (8)