Agreement to list real estate and for payment of commission
36(1)No person is bound by an agreement with an agent to list real estate for sale, exchange or lease
(a)
if the agreement is not in writing and signed by that person or by some person whom that person has authorized to sign the agreement,
(b)
if the agent or the manager or salesperson or another person representing the agent in respect of that agreement did not hold a licence under this Act at the time the agreement was entered into,
(c)
if the agreement does not contain a provision that it will expire on a certain date specified in it,
(d)
if the agreement contains more than one date on which it may expire, or
(e)
if the agent does not deliver a true copy of the agreement to the person who signs the agreement immediately after its execution.
36(2)All commission or other remuneration payable to an agent in respect of the sale of real estate shall be on an agreed amount or percentage of the sale price; and if no agreement as to the amount of the commission has been entered into, the rate of commission or other basis or amount of remuneration shall be that generally prevailing in the community where the real estate is situated.
36(3)No agent, manager or salesperson shall request or enter into an agreement for the payment to the agent, manager or salesperson of a commission or other remuneration based on the difference between the price at which real estate is listed for sale and the actual sale price of it, and no agent, manager or salesperson is entitled to retain a commission or other remuneration so computed.
R.S.1973, c.R-1, s.22; 1975, c.51, s.1; 1983, c.75, s.23; 1986, c.67, s.8; 1995, c.31, s.20