s 44 Estate agency agreement required as regards certain proposals and undertakings
44.—(1) Subject to subsection (4), where an estate agent proposes or undertakes (whether or not for a commission or other fee) to perform estate agency work for a client, whether as regards a particular property or not, a right or other cause of action whereby agreed sums, damages or any other relief or remedy may be recovered or obtained in legal proceedings as regards the proposal or undertaking shall lie at the suit of the estate agent if, and only if —(a) an estate agency agreement embodying the terms of the proposal or undertaking, being an agreement between the estate agent and the client which is in the form prescribed and which contains such particulars (if any) in respect of the proposal or undertaking as are prescribed for the purposes of this section has been entered into and, in the case of a written document, properly executed; and (b) the estate agent was a licensed estate agent at the time when the estate agency agreement was so entered into and executed. (2) Subject to subsection (4), where an estate agent makes a proposal or gives an undertaking to perform estate agency work for a client as described in subsection (1), the agent is entitled to recover from, or to require the payment by any other person of, any amount in respect of any outgoing paid or payable by the agent as regards any acquisition or disposition of any property to which the proposal or undertaking relates if, and only if —(a) an estate agency agreement between the estate agent and the client which is in the prescribed form and contains, in respect of the proposal or undertaking, such particulars (if any) as are prescribed for the purposes of this section has been entered into and, in the case of a written document, properly executed; (b) the estate agency agreement expressly provides for such recovery or reimbursement; and (c) the estate agent was a licensed estate agent at the time when the estate agency agreement was so entered into and executed. (3) A right or other cause of action described in subsection (1) shall not lie at the suit of any person other than the estate agent within the meaning of this section by reason only of anything contained in this section. (4) Regulations made under section 72 may exclude any class or description of estate agency work from the operation of subsections (1) and (2).