Acts and Regulations

2011, c.215 - Real Estate Agents Act

Section 22
Disposition versions

Full text
Resolution of dispute respecting deposit
22(1)Despite section 21, in the event of a dispute between the parties in respect of a deposit referred to in subsection 21(1) and with the agreement of the parties, the agent who receives the deposit may apply to the Director to resolve the dispute between the parties.
22(2)On receipt of an application under subsection (1), the Director may conduct a hearing to determine the rights of the parties in respect of the deposit.
22(3)An application under subsection (1) shall
(a) show the names and addresses of all the parties claiming an interest in the deposit,
(b) state that the parties have agreed to have the Director resolve the dispute, and
(c) state that the applicant agrees to dispose of the deposit as the Director directs.
22(4)The Director shall determine the rights of the parties in respect of the deposit and shall direct the disposition of the deposit as between the parties.
22(5)If a party is dissatisfied with the decision of the Director under subsection (4), the party may appeal the decision to the Tribunal within 30 days after the date of the decision.
22(5.1)Despite subsection (5), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.
22(6)Repealed: 2013, c.31, s.33
22(7)The written decision of the Director shall be sent to the parties by ordinary mail and shall be deemed to have been received by the parties within seven days after the decision was mailed.
22(8)Repealed: 2013, c.31, s.33
22(9)This section applies to deposits that do not exceed an amount prescribed by regulation.
1995, c.31, s.7; 2013, c.31, s.33; 2017, c.48, s.14
Resolution of dispute respecting deposit
22(1)Despite section 21, in the event of a dispute between the parties in respect of a deposit referred to in subsection 21(1) and with the agreement of the parties, the agent who receives the deposit may apply to the Director to resolve the dispute between the parties.
22(2)On receipt of an application under subsection (1), the Director may conduct a hearing to determine the rights of the parties in respect of the deposit.
22(3)An application under subsection (1) shall
(a) show the names and addresses of all the parties claiming an interest in the deposit,
(b) state that the parties have agreed to have the Director resolve the dispute, and
(c) state that the applicant agrees to dispose of the deposit as the Director directs.
22(4)The Director shall determine the rights of the parties in respect of the deposit and shall direct the disposition of the deposit as between the parties.
22(5)If a party is dissatisfied with the decision of the Director under subsection (4), the party may appeal the decision to the Tribunal.
22(6)Repealed: 2013, c.31, s.33
22(7)The written decision of the Director shall be sent to the parties by ordinary mail and shall be deemed to have been received by the parties within seven days after the decision was mailed.
22(8)Repealed: 2013, c.31, s.33
22(9)This section applies to deposits that do not exceed an amount prescribed by regulation.
1995, c.31, s.7; 2013, c.31, s.33
Resolution of dispute respecting deposit
22(1)Despite section 21, in the event of a dispute between the parties in respect of a deposit referred to in subsection 21(1) and with the agreement of the parties, the agent who receives the deposit may apply to the Director to resolve the dispute between the parties.
22(2)On receipt of an application under subsection (1), the Director may conduct a hearing to determine the rights of the parties in respect of the deposit.
22(3)An application under subsection (1) shall
(a) show the names and addresses of all the parties claiming an interest in the deposit,
(b) state that the parties have agreed to have the Director resolve the dispute, and
(c) state that the applicant agrees to dispose of the deposit as the Director directs.
22(4)The Director shall determine the rights of the parties in respect of the deposit and shall direct the disposition of the deposit as between the parties.
22(5)If a party is dissatisfied with the decision of the Director under subsection (4), the party may appeal the decision to the Tribunal.
22(6)Repealed: 2013, c.31, s.33
22(7)The written decision of the Director shall be sent to the parties by ordinary mail and shall be deemed to have been received by the parties within seven days after the decision was mailed.
22(8)Repealed: 2013, c.31, s.33
22(9)This section applies to deposits that do not exceed an amount prescribed by regulation.
1995, c.31, s.7; 2013, c.31, s.33
Resolution of dispute respecting deposit
22(1)Despite section 21, in the event of a dispute between the parties in respect of a deposit referred to in subsection 21(1) and with the agreement of the parties, the agent who receives the deposit may apply to the Minister to resolve the dispute between the parties.
22(2)On receipt of an application under subsection (1), the Minister may conduct a hearing to determine the rights of the parties in respect of the deposit.
22(3)An application under subsection (1) shall
(a) show the names and addresses of all the parties claiming an interest in the deposit,
(b) state that the parties have agreed to have the Minister resolve the dispute, and
(c) state that the applicant agrees to dispose of the deposit as the Minister directs.
22(4)The Minister shall determine the rights of the parties in respect of the deposit and shall direct the disposition of the deposit as between the parties.
22(5)The decision of the Minister is final, except that a party may appeal any decision of the Minister involving a question as to the jurisdiction of the Minister or a question of law.
22(6)An appeal of the decision of the Minister shall be made to a judge of The Court of Queen’s Bench of New Brunswick within 15 days after the receipt by the party of the written decision of the Minister.
22(7)The written decision of the Minister shall be sent to the parties by ordinary mail and shall be deemed to have been received by the parties within seven days after the decision was mailed.
22(8)A judge of The Court of Queen’s Bench of New Brunswick may extend the time within which an appeal under subsection (6) may be made.
22(9)This section applies to deposits that do not exceed an amount prescribed by regulation.
1995, c.31, s.7