10.7 Legal Fees and Land Agent’s Commission
10.7.1 A principal with an entitlement to removal expenses shall be reimbursed for legal fees and land agent’s commission provided that when a principal sells a house at the former location and buys another at the new location within two years of the date of the new appointment, or sells at the former location and builds and takes occupation of a house at the new location within two years of the date of the new appointment, actual aggregated expenses for legal fees and land agent’s commission combined up to $11,000 maximum shall be paid.
(a) Legal fees
The refund of legal fees shall be either:
(i) when principal sells a house at the former location within two years of the date of the new appointment, but does not buy another, actual expenses up to $950; or
(ii) when a principal buys or builds a house at the new location within two years of the date of the new appointment without having sold a house at the former location, provided it is not the first time the principal has owned a house, actual expenses up to $4,000 maximum.
(b) Land agent’s commission
When a principal sells a house at the former location within two years of the date of the new appointment but does not purchase or build another house at the new location within the two year period, actual expenses up to $6,300.
(c) Two year limitation
Normally all transactions (selling, buying or building) must be completed within two years of the date of transfer to qualify for a refund of expenses.
(d) Sale of home prior to appointment in another position
Where a principal anticipates securing a position where full removal expenses are payable, and sells their home before this actually occurs the principal will be eligible for a refund of legal and land agent’s fees. This is subject to a two year limitation period as in clause 10.7.1(c) above commencing from the date of the sale of the house. The refund of land agent’s and legal fees will not be made until and unless the principal is appointed and takes up another position.
(e) Purchase and sale of land
A refund of legal fees and land agent’s commission will be made as follows:
(i) When a principal has previously owned a house or land and purchases land following transfer to another locality with the intention of building a house for the principal’s own use and transfers again before the house is built, assistance is granted towards the cost of legal expenses and land agent’s commission in the purchase and sale of the land up to $3,800.
(ii) When a house or land has not been owned previously and a principal subsequently purchases land at one locality and transfers again before building, assistance will be granted towards the cost of legal expenses up to $500 and land agent’s commission up to $2,000 in the sale of the land as follows:
Note:
(1) Sale of land in a previous locality must be effected within two years of transferring to a new location.
(2) Purchase of land must have been effected not more than two years after the previous transfer and not more than two years before the subsequent transfer.
(f) Advertising costs of $630 when selling at former location without the services of a land agent.
