PO Form 6 - Commercial Sales - AUQLDRECMA01

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BLACK = Old Item/Clause  | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

01 Jul 2018 v2.3

Additions / Changes:

 

Item A Note

Where the Commission Method is expressed as a percentage (Item A(2)) the Commission Amount (Item A(3)) is an estimated amount calculated on the Estimated Sale Price (Item A(1)) and the actual commission for this service will be worked out only on the actual sale price.

 

Item B

Name:     ……………………………………………………………………………………………………………

Address:  ……………………………………………………………………………………………………………

              ………………………………………………………………………… Fax: (…)…………………….

ABN:      ………………………… Phone: (…)…………………….…… Mobile: (…)…………………….……

Email:     ……………………………………………………………………………………………………………

 

Item D

Name:     ……………………………………………………………………………………………………………

Address:  ……………………………………………………………………………………………………………

              ………………………………………………………………………… Fax: (…)…………………….

ABN:      ………………………… Phone: (…)…………………….…… Mobile: (…)…………………….……

Email:     ……………………………………………………………………………………………………………

 

Item J

PRIOR APPOINTMENT Property Occupations Regulation 2014 (QLD) – section 21

(The Client MUST read and complete this Item before signing this Appointment)

1.

__

The Client confirms being satisfied the Agent has taken reasonable steps to ascertain whether the Client has already appointed another agent to provide the services as outlined in this Appointment.

1.

Statement to Client: If you have already appointed a property agent (Previous Appointment) and the Previous Appointment has not ended in accordance with the Property Occupations Act 2014, by signing this appointment you may have to pay the following:


a)

a commission under each appointment:


b)

damages for breach of contract under the existing agents appointment.

2.

The Client warrants confirms that: (Tick one box only)


a)

__ No other Appointment of Property Agent is current for the services outlined in this

    Appointment.


 

OR


b)

__ Another Appointment of Property Agent is current for the services outlined in this

    Appointment.

3.

Section 21(4) Statement to Client: If you have already appointed another property agent (existing agent) to provide the services as outlined in this Appointment, by signing this Appointment you may have to pay the following:


a)

a commission under each appointment; and


b)

damages for breach of contract under the existing agent’s appointment.


Where the Client has ticked option 2(b) above, by signing this appointment the Client acknowledges and confirms the content of the Prior Appointment Item Q(1).

 

Clause 11.1

The Client agrees Commission will be due and payable:

(1)

on settlement of the sale; or as detailed in Part 7 When Commission is Payable) of the attached Property Occupations Form 6;

(2)

as may otherwise be detailed in Part 7 (When Commission is Payable) of the attached Property Occupations Form 6; or on settlement of the sale; or

(3)

pursuant to Clause 11.2.

 

Clause 11.2

Should an enforceable contract be entered into but not completed due to:

(1)

any act or omission of the Client; or

(2)

the Client, as Seller, releasing the Purchaser (by mutual agreement or otherwise) from the Purchaser’s contractual obligations; or

(3)

the deposit being forfeited; to the Client as a result of default under the Contract by the Purchaser in term of the sale contract to the Seller,

the Client agrees the Commission is payable to the Agent forthwith. Provided however, where Clause 11.2(3) applies, Commission will remain due but monies payable shall (subject to the Seller’s rights to claim damages for breach of contract) be limited to the receipted deposit monies.

 

Clause 11.3

Commission payable to the Agent in accordance with Clause 11.2(3) will not exceed the amount of the deposit forfeited unless, or until, the Client recovers additional monies from the Buyer sufficient to cover the balance Commission then outstanding.

 

Clause 15.1

The appointed Agent must keep the Client informed of:

(1)

any issues or other information relevant to the sale of the Property; and

(2)

each expression of interest, either written or oral, about the sale of the Property.

unless otherwise specified in writing by the Client.

 

07 May 2018 v2.2

Additions / Changes:

 

Item K

Note: For properties with a market value of, at or more than, $750,000 a Buyer must withhold 12.5% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Seller has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $750,000 or more and the Seller is an Australian Resident it would be advisable for the Seller to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.

 

Has the Client received from the ATO a:

Clearance Certificate:       __ Yes   __ Have Applied  on:  …… / …… / …….  __ N/A

 

(1)  Does the Client have a Clearance Certificate?  __ Yes  __ No  __ N/A

(2)  If ‘No’ above has the Client applied?  __ Yes on …...  / …... / …...  __ No

 

Clause 1(8)

Related Document: means any written communication (including Notices), with regard to this matter, between the parties, including any Electronic Documents.

 

Clause 19

Related Documents / Notices / Electronic Communication

19.1

The parties agree and confirm any documents and communications in relation to this Appointment may be forwarded electronically in accordance with this clause and where this document has been forwarded electronically (either for signing or otherwise) the party receiving the document confirms having consented to the delivery of the document (and any other materials) by way of the electronic means of delivery before receiving the documentation.

19.2

Any Related Document, including this Appointment, to be served on any party under this Appointment shall be in writing and may be served on that party:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in this Appointment; or


(3)

by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Appointment; or


(4)

by as an electronic communication via facsimile transmission, email or SMS text message to the party at the appropriate electronic address as stated in this Appointment; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 19.2(1) to (4) above.

19.3

A Related document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the Related document would be delivered.

19.4

A Related document sent by electronic communication will be deemed to have been received in accordance with Section 24 of the Electronic Transactions (Queensland) Act 2001.

19.5

Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

19.6

Related Documents must be served before 5pm on a business day, failing which, such Related document will be deemed to have been served on the next business day.

19.7

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.

19.8

The parties agree to execution, delivery and service of Related documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.

 

14 Aug 2017 v2.1

Additions / Changes:

 

Government copyright statement inserted.

 

01 Jul 2017 v2.0

Additions / Changes:

 

Item K

Note: For properties with a market value of, at or more than, $2,000,000 $750,000 a Buyer must withhold 10 12.5% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Seller has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $2,000,000 $750,000 or more and the Seller is an Australian Resident it would be advisable for the Seller to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.

 

Has the Client received from the ATO a:

Clearance Certificate:               __ Yes   __ Have Applied  on:  …… / …… / …….  __ N/A

 

13 Feb 2017 v1.9

Additions / Changes:

 

Item A

Commission (Payable in accordance with Property Occupations Form 6 Part (7))

The Agent’s Commission will be calculated using one of the Commission Methods set out in Item A(2):

1. Estimated Sale Price: $.........................................................   (Including GST if applicable)

2. Commission Method: (tick only one)

   __    ............ % (incl. GST) of the Sale Price

  __   ………… % (incl. GST) of the first $ ………… of the Sale Price plus ………. % (incl. GST) of the Balance

   __   Fixed Amount of $ ……………….. (incl. GST)

   __   Other: …………………………………………………………………………………………………………

3. Commission Amount: $ ……………plus GST of $.................. Total Payable: $................. (incl. GST)

Note: Where the commission is expressed as a percentage (Item A(2)) the Commission Amount (Item A(3)) is an estimated amount calculated on the Estimated Sale Price (Item A(1)) and the actual commission for this service will be worked out only on the actual sale price.

 

15 Sep 2016 v1.8

Additions / Changes:

 

Item K

CAPITAL GAINS WITHHOLDING PAYMENT (To be completed by the Client, as Seller)

Note: For properties with a market value of, at or more than, $2,000,000 a Buyer must withhold 10% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Seller has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $2,000,000 or more and the Seller is an Australian Resident it would be advisable for the Seller to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.

 

Has the Client received from the ATO a:

Clearance Certificate:        __ Yes    __ Have Applied  on:  …… / …… / ……    __ N/A

 

01 Aug 2016 v1.7

Additions / Changes:

 

PO Form 6

Changes as per Office of Fair Trading

 

01 Jul 2016 v1.6

Additions / Changes:

 

PO Form 6

Changes as per Office of Fair Trading

 

06 Oct 2015 v1.5

Additions / Changes:

 

PO Form 6

Minor changes as per Office of Fair Trading

 

01 Oct 2015 v1.4

Additions / Changes:

 

PO Form 6

Changes as per Office of Fair Trading

 

Clause 1(2)

Appointment: means Property Occupations Form 6 Appointment of a Property Agent including Item Schedule, Terms of Appointment and any other annexures. the whole of this document.

 

Clause 1(5)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions (Queensland) Act 2001 including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

 

Clause 1(7)

Sale Price: an estimated price based on properties of similar characteristics in the area at that time.

 

Clause 1(8)

Related Document: means any written communication (including Notices), with regard to this matter, between the parties including any Electronic Documents.

 

Clause 14.4

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Client is not to deface, damage or remove such label.

 

Clause 19

Provision of Documents

The parties agree and confirm this Appointment may be forwarded electronically if the recipient has provided an electronic address in this Appointment.

 

Clause 19

Related Documents/Notices

19.1

The parties agree and confirm documents may be forwarded electronically in accordance with this clause.

19.2

Any Related Document, including this Appointment, to be served on any party under this Appointment shall be in writing and may be served on that party:

(a)

by delivering it to the party personally; or

(b)

by leaving it for the party at that party’s address as stated in this Appointment; or

(c)

by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Appointment; or

(d)

as an electronic communication by facsimile transmission, email or SMS text message to the party at the appropriate electronic address as stated in this Appointment; or

(e)

by delivery to an alternative address provided in writing by the party, by any of the methods outlined in Clauses 19.2(a) to (d) above.

19.3

A Related Document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the Related Document would be delivered.

19.4

A Related Document sent by electronic communication will be deemed to have been received in accordance with Section 24 of the Electronic Transactions (Queensland) Act 2001.

19.5

Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

19.6

Related Documents must be served before 5pm on a business day, failing which, such Related Document will be deemed to have been served on the next business day.

19.7

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.

19.8

The parties agree to execution, delivery and service of Related Documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.

 

Clause 21

Safety

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Client is not to deface, damage or remove such label.

 

11 Jun 2015 v1.3

Copyright statement updated.

 

13 May 2015 v1.2

Additions / Changes:

 

Clause 16(e)

any liability where a product or fitting has been supplied to the premises with a warning label or safety instructions attached and such label having been removed, damaged or defaced.

a warning label or safety instructions having been removed, damaged or defaced where a product or fitting has been supplied to the Property with such a label or instruction attached.

 

Clause 19

Provision of Documents

The parties agree and confirm this Appointment may be forwarded electronically if the recipient has provided an electronic address email address or facsimile number in the Item Schedule to this Appointment.

 

Clause 21

Safety

Where a product, fixture or fitting provided with the Property premises has a warning label or safety instructions attached the Client owner is not to deface, damage or remove such label.

 

18 Dec 2014 v1.1

Additions / Changes:


Item Schedule Header

Item Schedule - Commercial Sales


Item J

SPECIAL CONDITIONS

Special Conditions to this Appointment where inserted at the direction of the Client were prepared by the Client  or an Australian Legal Practitioner instructed by the Client and not by the Agent.  No warranty is given by the Agent with respect to such clauses.  Legal advice should be sought.


Item J

1. Statement to Client: If you have already appointed a property agent (Previous Appointment) and the Previous Appointment has not ended in accordance with the Property Occupations Act 2014, by signing this appointment you may have to pay the following:

a)   a commission under each appointment:

b)   damages for breach of contract under the existing agents appointment.

 

2. The Client confirms that: (Tick one box only)

   

a) __ No other Appointment of Property Agent is current for the services outlined in this Appointment.

OR

b) __ Another Appointment of Property Agent is current for the services outlined in this Appointment.

 

3. Where the Client has ticked option 2(b) above, by signing this appointment the Client acknowledges and confirms the content of the Prior Appointment Item J(1).


Clause 4

Exclusive Appointment

If the Client by this Appointment appoints the Agent as Exclusive Agent:

(1)

the Client will for the duration of this Appointment refer any prospective buyers of which the Client becomes aware to the Agent.

(2)

if another party acts for the Client in providing the services set out in this Appointment, the Client will still be responsible for Commission and/or Fees to the Agent as outlined in this Appointment.

4.1

If the Client by this Appointment appoints the Agent as Exclusive Agent the Client will for the duration of this Appointment refer any prospective buyers of which the Client becomes aware to the Agent.

4.2

The Client confirms, at the date of entering into this Appointment, the Client has not appointed another real estate agent or auctioneer under a sole or exclusive agency for the sale of the Property.

4.3

Where Clause 4.2 does not apply the Client must, before signing this Appointment, complete a written statement acknowledging the Client may have to pay Commission as referred to in Clause 4.4 hereof. (See Section 21 Property Occupations Regulation 2014).

4.4

If the Client enters into more than one Appointment and there is a sale the Client may have to pay a Commission for each Appointment and / or damages for breach of the Appointment to act.


Clause 9

The Client will pay all Fees, Charges, Expenses and other outlays owing to or incurred by the Agent in association with this Appointment, as detailed in Part (8) of the attached Property Occupations Form 6. When no date has been inserted payment will be within 7 days.


Clause 11.1

The Client agrees Commission as detailed in the Appointment will be due if the Client enters into an enforceable contract of sale when such contract becomes unconditional and payable:

(a)

on settlement of the sale; or

(b)

pursuant to Clause 10.2


Clause 11.1

The Client agrees Commission will be due and payable:

(a)

as detailed in Part (7 - When Commission is Payable) of the attached Property Occupations Form 6;

(b)

on settlement of the sale; or

(c)

pursuant to Clause 11.2.


Clause 11.4

The Agent will be entitled to the Agreed Commission if an enforceable contract is entered into with a person introduced to the Property:

(a)

during the period of a Exclusive Appointment; or

(b)

during the period of an Sole Appointment except where the introduction is made by the Client; or

(c)

after the conclusion of the Agency, the Property is sold to a purchaser effectively introduced to the Property by the Agent during the Agency.

such Commission will be paid in accordance with either Clause 11.1 or 11.2.


Clause 16(d)

the Client’s failure to disclose required information relevant to this Appointment; or


Clause 16(e)

any liability where a product or fitting has been supplied to the premises with a warning label or safety instructions attached and such label having been removed, damaged or defaced.


Clause 17.2

Special Conditions to this Appointment where inserted at the direction of the Client were prepared by the Client or an Australian Legal Practitioner instructed by the Client and not by the Agent. No warranty is given by the Agent with respect to such clauses. Legal advice should be sought.


Clause 21

Safety

Where a product, fixture or fitting provided with the premises has a warning label or safety instructions attached the owner is not to deface, damage or remove such label.

 

01 Dec 2014

Form replaced by PO Form 6 with the following changes/additions to the attached Item Schedule and Terms of Appointment

Additions / Changes:

 

Item A

Commission (Payable in accordance with Property Occupations Form 6 Part (7))

1. Estimated Sale Price: $.........................................................   (Including GST if applicable)

2. Commission Method: (tick only one)

__   ............ % (incl. GST) of the Sale Price

   __   ………… % (incl. GST) of the first $ ………… of the Sale Price plus ………. % (incl. GST) of the Balance

   __   Fixed Amount of $ ……………….. (incl. GST)

   __   Other: …………………………………………………………………………………………………………

3. Commission Amount: $ ……………plus GST of $.................. Total Payable: $................. (incl. GST)

Note: Where the commission is expressed as a percentage (Item A(2)) the Commission Amount (Item A(3)) is n amount calculated on the Estimated Sale Price (Item A(1)) and the actual commission for this service will be worked out only on the actual sale price.

 

Item E

SALE PRICE INFORMATION AGENT’S OPINION OF SALE PRICE (Tick only one of the boxes below)

 

The Client confirms prior to granting this Appointment the Client did/did not ask the Agent for information about the likely sale price of the property.

 

Note: Where the Client has asked for information about the likely sale price of the property the Agent must, if providing such information, give to the Client;

a) a Comparative Market Analysis; or

b) a written explanation of Market Value.

 

The Client acknowledges in obtaining this Appointment, the Agent:

a) _ was not required by the Client to give an opinion or supply material facts in respect to the Market Price of the Property; or

b) _ was not required by the Client to give an opinion in respect to the Market Price of the Property but did supply a written Statement of Material Facts as set out hereunder/ attached hereto for the Client to take into account in deciding on a Listing Price;

c) _ has given the Client an opinion about the Market Price of the Property and has supplied a written Statement of Material Facts attached hereto that the Agent has taken into account in forming such opinion.

 

The Agent’s opinion of Market Price is between: ……………. and …………….

 

(Tick clause (c) above if the Agent has given an opinion, supported by Material Facts, to the Client in respect to the Market Price of the Property and completed the Market Price range fields. Supporting documentation must be included or attached)

 

Material Facts: (if insufficient room attach schedule)

 

Note: Refer Property Occupations Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2014 2001 Section 21 (Advice about market price or rent) and Competition and Consumer Act 2010(Cth) Sections 18 & 30 52, 53 & 53A.

 

Item F

The Agent named in Part (2) of the attached Property Occupations Form 6 PAMD Form 21a is acting in conjunction/ jointly exclusive with the Agent/s below:

Conjuncting/Joint Agent: …………………………………………………………………………..…….....………..

ABN: ………………………   Licence No.: …………………………………..  Licence Expiry: …../.…./.....…..

 

Item H

Date: (see Part (4.1) of the Property Occupations Form 6) Time: …………………...................................

Place: …………………………………..………………………………………….………………………...…………

Auctioneer’s Fee: (MUST be included in Part (8.3) of the Property Occupations Form 6 PAMD Form 21a)

Reserve Price: (see Part (4.3) of the Property Occupations Form 6 PAMD Form 21a)

 

Clause 1

Definitions

In this Schedule the following terms mean:-

(1)

Act means Property Occupations Act 2014 Agents and Motor Dealers Act 2000 and Regulations thereto.

(2)

Appointment means Property Occupations Form 6 Appointment of a Property Agent PAMD Form 21a Appointment of Real Estate Agent (Commercial and Industrial Sales, Leasing and Property Management) including the whole of this document.

(3)

Code of Conduct: the Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation  2001.

Conduct Standards: the Conduct Standards for Licensees and Real Estate Salespersons set out in the Act and Regulations.

(4)

Conjunction Sale means a sale conducted in association with another or other Agents.

(5)

Listing Price: The sum referred to in Part (4.3) of the prescribed Property Occupations Form 6 PAMD Form 21a.

(6)

Material Facts Annexure: a the ADL Forms Comparative Market Analysis form.

(7)

Sale Price Market Price: an estimated price based on properties of similar characteristics in the area at that time.

 

Clause 2

Appointment of Agent

2.1

In consideration of and in accordance with the terms of this Appointment, the Client appoints the Agent and its permitted Assigns, and the Agent agrees to sell the Property for the Client. Authority vested in the Agent by this Appointment shall be deemed to be vested in the Agent’s authorised employees.

2.2

The start date of this Appointment will be that set out in Part (4.2) of the attached Property Occupations Form 6 PAMD Form 21a or if no date is inserted the later of the dates either the Client or the Agent signed this Appointment.

2.3

Where details as to the type of appointment are not completed in Part (4.6) of the attached PAMD Form 21a this Appointment is a continuing appointment.

2.4

Where this Appointment is a continuing appointment and no end of continuing appointment has been specified in Part 6 of the attached PAMD Form 21a, the Appointment ends 90 days from the start date or where a shorter agreed notice period has been specified in Part 6 of the attached PAMD Form 21a on the giving of a notice in accordance with such shorter period.

 

Clause 3

Listing Price

3.1

The Client instructs the Agent to list the Property at the Listing Price mentioned in Part (4.3) of the attached Property Occupations Form 6 PAMD Form 21a.

3.2

The Client acknowledges it has not relied on any material facts information provided by the Agent other than those that not contained in the Material Facts Annexure or written explanation of market value in arriving at the Listing Price.

 

Clause 4

Exclusive Appointment

4.1

If the Client by this Appointment appoints the Agent as Exclusive Agent the Client will for the duration of this Appointment refer any prospective buyers of which the Client becomes aware to the Agent.

4.2

The Client confirms, at the date of entering into this Appointment, the Client has not appointed another real estate agent or auctioneer under a sole or exclusive agency for the sale of the Property.

4.3

Where Clause 4.2 does not apply the Client must, before signing this Appointment, complete a written statement acknowledging the Client may have to pay Commission as referred to in Clause 4.4 hereof. (See Section 21 Property Occupations Regulation 2014).

4.4

If the Client enters into more than one Appointment and there is a sale the Client may have to pay a Commission for each Appointment and / or damages for breach of the Appointment to act.

 

Clause 5

Reappointment

5.1

The Client may reappoint the Agent, in the approved form, for a further period under the same terms and conditions by completing Part 10 (Reappointment) of their copy of this Appointment and providing it to the Agent (s111 of the Act).

5.2

Where the Client has in accordance with Clause 5.1 Reappointed the Agent in the approved form the Parties agree that the Agent has the right to end or revoke the Reappointment by giving written notice to the Client within 7 days after receiving the Reappointment.

5.3

Where the Agent ends or revokes the Reappointment the appointment will end:

(1)

where this appointment has not ended, in accordance with the terms and conditions of the Appointment.

(2)

where this Appointment has ended and the Reappointment commenced, on service of the written notice required in accordance with Clause 5.2.

5.4

Where the Agent does not serve a notice in accordance with Clause 5.2 this will be confirmation of the Agent’s acceptance of Reappointment.

 

Clause 7.2

In accordance with Section 37 of the Code of Conduct for Real Estate Agents, once a Real Estate Agent accepts an appointment to sell a tenanted residential or business property, written notice must be given by the selling Agent immediately to the Managing Agent.

Where the property the subject of this Appointment is tenanted the Selling Agent must on appointment immediately give notice of such appointment to the Managing Agent.

 

Clause 7.3

The Managing Agent, once aware of the intention to sell the Property, must notify the tenant in writing of the Property being listed for sale and of the appointment of a Property Agent (Real Estate Agent or auctioneer) to sell the Property.

 

Clause 9.1

The Reserve price is the amount stated in Part (4.3) of the attached Property Occupations Form 6 PAMD Form 21a unless otherwise instructed in writing by the Client or any other authorised person prior to the Auction taking place.

 

Clause 9.3

The Auction shall take place on the date specified in Part (4.1) of the Property Occupations Form 6 Item (G).

 

Clause 9.5

The Client authorises the Agent to employ a Licensed Auctioneer to carry out the Auction.  The fee which the Client must pay is specified in Part (8.3) of the Property Occupations Form 6 PAMD Form 21a.

 

Clause 10.2

Should an enforceable contract be entered into but not completed due to:

(a)

any act or omission of the Client; or

(b)

the Client, as Seller, releasing the Purchaser (by mutual agreement or otherwise) from the Purchaser’s contractual obligations; or

(c)

the deposit forfeited; in term of the sale contract to the Seller

the Client agrees the Commission is payable to the Agent forthwith. Provided however, where Clause 9.2 (c) applies, Commission will remain due but monies payable shall (subject to the Seller’s rights to claim damages for breach of contract) be limited to the receipted deposit monies.

 

Clause 10.3

Commission payable to the Agent in accordance with Clause 10.2(c) will not exceed the amount of the deposit forfeited unless, or until, the Client recovers additional monies from the Buyer sufficient to cover the balance Commission then outstanding.

 

Clause 10.6

Notwithstanding the monetary amount listed in Part (10) of the PAMD Form 21a, the actual amount of Commission will be calculated based on the percentage set out in Part (10) of the PAMD Form 21a.

Notwithstanding the monetary amount listed in Part (7) of the Property Occupations Form 6 the amount of Commission will be calculated in accordance with Item (A) of the Item Schedule.

 

Clause 11(1)

it is the owner of the Property, the description in Part (3) of the Property Occupations Form 6 PAMD Form 21a is correct and the Client is authorised to appoint the Agent for the sale of the Property.

 

Clause 12

12.1

The Client confirms having, at the time of entering into this Appointment, disclosed correct details to the Agent of all relevant and material facts information relating to the Premises.

12.2

The Client will at all times during the currency of this Appointment keep the Agent advised of and disclose to the Agent in writing, details of all relevant and material facts and changes thereto about the Premises.

 

Clause 13

13.1

The Client authorises the Agent, prior to listing, to make its own enquiries into the information provided by the Client in regard to Clauses 110(1), at the Client’s cost, and Clause 110(2), at the Client’s cost.

13.2

The Client will provide to the Agent such additional information as the Agent may reasonably request from time to time relevant to matters contained in Clause 13.

13.3

The Client will at all times during the currency of this Appointment keep the Agent advised of and disclose to the Agent in writing, details of all relevant information and changes thereto about the Premises.

 

Clause 14

14.1

In accordance with Section 11 of the Code of Conduct, The appointed Agent must keep the Client informed of:

(1)

any issues or other information relevant to the sale of the Property

(2)

each expression of interest either written or oral about the sale of the Property unless otherwise specified in writing by the Client.

14.2

Notwithstanding the provision of Clause 14.1 (2) the Client by this appointment agrees only offers in writing and expressions of interest in accordance with the Clients instructions which the Agent in its discretion considers are significant and which offers are in writing be, shall be communicated to the Client.

14.3

The Agent must act in accordance with the Clients instructions unless such instructions are contrary to the Conduct Standards prescribed in the Regulations to the Act.

 

Clause 19

Where such information is required to be entered on the approved form, information contained in the Item Schedule and the Terms of Appointment shall apply to the approved Property Occupations Form 6 PAMD Form 21a.

 

12 Mar 2014 v3.5

Additions / Changes:

 

Clause 16

Privacy Statement

16.1

The Agent collects and uses personal information provided by you as the Client to provide the services required by you or on your behalf.

The Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.

16.2

The Privacy Policy outlines how the Agent collects and uses personal information provided by you as the Client, or obtained by other means, to provide the services required by you or on your behalf.

16.3

You as Client agree the Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:

(1)

potential buyers, to the extent required to prepare a contract for the sale of the Property Premises; and/or

(2)

property data collection agencies; and/or

(3)

Body Corporates & financial institutions; and/or

(4)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion and administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.

16.4

Without provision of certain information the Agent may not be able to act effectively or at all on the Client’s behalf.

16.5

The Client has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

16.6

The Agent will provide (where applicable), on request, a copy of its Privacy Policy.

 

02 Sep 2013 v3.4

Additions / Changes:


Item D

AGENT’S OPINION OF SALES PRICE   (Tick only one of the boxes below)                             Clause 3

The Client acknowledges in obtaining this Appointment, the Agent:

a)

__  was not required by the Client to give an opinion or supply material facts in respect to the Market Price of the Property; or

b)

__  was not required by the Client to give an opinion in respect to the Market Price of the Property but did supply a written Statement of Material Facts as set out hereunder/ attached hereto for the Client to take into account in deciding on a Listing Price; or for the Property and such material facts are as detailed in the attached Material Facts Annexure.

c)

__  has given the Client an opinion about the Market Price of the Property and has supplied a written Statement of Material Facts attached hereto that the Agent has taken into account in forming such opinion. and such material facts are as contained in the attached Material Facts Annexure.

The Agent's opinion of Market Price is between ……………. and …………….

(Tick clause (c) above if the Agent has given any opinion, supported by Material Facts, to the Client in respect to the Market Price of the Property and completed the Market Price range fields. Supporting documentation must be included or attached)

Material Facts: (if insufficient room attach schedule)

 

Note: Refer Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001 Section 21(Advice about market price or rent) and Competition and Consumer Act 2010(Cth) Sections 52, 53 & 53A.


Item H

BUILDING ENERGY EFFICIENCY DISCLOSURE

Where this Appointment relates to the selling of a Property required under the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current registered Building Energy Efficiency Certificate (BEEC) the Client (as Owner) confirms it has such BEEC and agrees to provide the BEEC to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.


Item I

SPECIAL CONDITIONS                                                                                                       Clause 15

The Special Conditions to this Appointment are where inserted at the direction of under instruction from the Client a party to this Appointment and where not prepared by that party, were prepared by the Client or an Australian Legal Practitioner instructed by the Client and not by the Agent. No warranty is given by the Agent with respect to such clauses. Legal advice should be sought.


Clause 2.2

The start date of this Appointment will be that set out in Part 8 of the attached PAMD Form 21a or if no date is inserted the later of the dates either the Client or the Agent signed this Appointment.


Clause 2.3

Where details as to the type of appointment are not completed in Part 6 of the attached PAMD Form 21a this Appointment is a continuing appointment.


Clause 2.4

Where this Appointment is a continuing appointment and no end of continuing appointment has been specified in Part 6 of the attached PAMD Form 21a, the Appointment ends 90 days from the start date or where a shorter agreed notice period has been specified in Part 6 of the attached PAMD Form 21a on the giving of a notice in accordance with such shorter period.


Clause 4.1

If the Client by this Appointment appoints the Agent as Exclusive Agent the Client will for the duration of this Appointment Agreement refer any prospective buyers of which the Client becomes aware to the Agent.


Clause 12.3

Where this Appointment relates to the selling of a Property required under the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current registered Building Energy Efficiency Certificate (BEEC) the Client (as Owner) confirms it has such BEEC and agrees to provide the BEEC to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.


Clause 14

The Agent having complied with its obligations under this Appointment and not having been negligent, the Client indemnifies the Agent, its officers and employees from and against all liabilities, actions, claims, demands, losses, costs (on an indemnity basis), damages and expenses arising out of or in respect of this Appointment from:

(a)

the Client’s failure to comply with this Appointment; or

(b)

the Client’s failure to give the Agent appropriate authority or instruction; or

(c)

the Agent acting on behalf of the Client under this Appointment.

The Agent will be compensated by the Client in respect of actions, claims, demands, losses, costs, damages and expenses arising out of this Appointment or resultant upon any act, omission or negligence on the part of the Client.


Clause 16.2

You as Client agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to:

(1)

potential buyers to the extent required to prepare a contract for the sale of the Premises; and/or

(2)

property data collection agencies; and/or

(3)

Body Corporates & financial institutions; and/or

(4)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration and complying with legislative and regulatory requirements.

 

11 Sep 2012 v3.3

Additions / Changes:

 

Item B

ASBESTOS INFORMATION CONCERNING THE PROPERTY                                       Clause 5.1 & 5.2

Note: Reference to a Section in this Item (B) refers to a section in the Work Health & Safety Regulation 2011

The Owner is required to comply with the Code of Practice for Management and Control of Asbestos for the Premises:

_ - No - Section 425(6) of the Work Health & Safety Regulation 2011 applies

_ - Yes - Is there a current Asbestos Register and Management Plan for the Premises: _ Yes _ No

Note: Section 428 of the Work Health & Safety Regulation 2011 requires that a copy of the Asbestos Register be given to the person assuming management or control of the workplace.

Failure to comply with the Work Health & Safety Regulation 2011 in relation to Asbestos can result in substantial penalties. The Client must complete the following information to enable the Agent to determine what further actions (if any) are required for the property to comply.

Note: Where the Client is unsure, ‘No’ should be ticked.

(1)

Identification of Asbestos or Asbestos Containing Material (ACM) - Section 422 requires a person with management or control of a workplace  to ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a competent person.

Has a competent person been engaged to identify asbestos or ACM.

__ Yes - the Client is required to provide copies of all relevant documentation to the Agent.

__ No (but required)  

__ Not Required (Section 422(3)) where the person assumes that:

    (1) asbestos or ACM is present; or

    (2) has reasonable grounds to believe that asbestos or ACM is not present

(2)

Asbestos Register – required to be kept at the workplace under Section 425 where the Premises contain or are likely to contain asbestos or has been built prior to 31st December 2003.

Is there a current Asbestos Register for the workplace: __ Yes __ No (but required) __ Not Required

If ‘yes’ - the Client is required to provide a copy of the Asbestos Register to the Agent.

(3)

Asbestos Management Plan – required (in addition to the Asbestos Register) under Section 429 where the Premises contain or are likely to contain asbestos.        

Is there a current Asbestos Management Plan for the workplace:  __ Yes __ No (but required) __ Not Required

If ‘yes’ - the Client is required to provide a copy of the Asbestos Management Plan to the Agent.


 

Item C

TENANT’S MANAGING AGENT

 

Item E

CONJUNCTING / jOINT aGENT/S (Complete if applicable)

The Agent named in Part 2 of the attached PAMD Form 21a is acting in conjunction / jointly exclusive with the Agent/s below:

Conjuncting/Joint Agent: ………………………………………......………………………………………………..

ABN: ……………………… Licence Number: …………………….………........  Licence Expiry: …../.…./….

Terms: …………………………………………………………………….......……………………………………...

 

Clause 5

5.1

Where the Property being offered for sale is a workplace as defined under the Work Health and Safety Act 2011, Regulation 2011, and the Owner is the person with management or control of the Property, the Owner confirms, unless otherwise disclosed in the Item Schedule hereto, that the Owner, to the extent required, has complied with the requirements of the current Code of Practice for the Management and Control of Asbestos in the Workplace.

5.2

Insofar insofar as either party to this Appointment is, with respect to the Premises such Property a - Person Conducting a Business or Undertaking (PCBU) (under the Work Health and Safety Act 2011, Regulations or relevant Codes of Practice in relation thereto) such party has, to the extent required, must complied with the Act, Regulations and or relevant Codes of Practice.  Provided however, in carrying out any such obligations, the Agent acts only as Agent for the Client.

5.2

Unless an Asbestos Register and Asbestos Management Plan have been provided prior to entering into this Appointment then:

(1)   the Client authorises and directs the Agent, at the Client’s expense, to:

 (a)identify asbestos in accordance with Section 422
 (b)prepare an Asbestos Register
 (c)prepare an Asbestos Management Plan

(2)   where the Client has ticked ‘not required’ in each of Items (B)(1), (B)(2) or (B)(3), the provisions of Clause 5.2(1)(a),(b) & (c) will not apply.

5.3

Where the Client has ticked ‘yes’ in Item (B)(2) and (B)(3) but has not provided the relevant documentation in accordance with Clause 5.2, the Agent is authorised (on the giving of 1 days’ notice) to take the steps set out in Clause 5.2.

5.4

It is the Client’s responsibility to comply, so far as reasonably practicable, with its obligations under Section 21 of the Work Health and Safety Act 2011, with respect to ensuring any fixtures, fittings and plant, to which such Act applies, are without risk to the health and safety of any person.


 

Clause 10

Client’s Warranties

The Client warrants:

(1)

it is the owner of the Property, the description in Part (3) of the PAMD Form 21a is correct and the Client is authorised to appoint the Agent for the sale of the Property.

(2)

at the time of entering this Appointment all information relevant to the sale of the Property has been disclosed by the Client to the Agent and is correct.


 

Clause 11

Material Facts, Verification/ Disclosure

11.1

The Client warrants :

(1)

it is the owner of the Property, the description in Part (3) of the PAMD Form 21a is correct and the Client is authorised to appoint the Agent for sale of the Property.

(2)

all information relevant to the sale of the Property disclosed by the Client to the Agent is correct.


11.1

The Client confirms having, at the time of entering into this Appointment, disclosed correct details to the Agent of all relevant and material facts relating to the Premises.

11.2

The Client will at all times during the currency of this Appointment keep the Agent advised of and disclose to the Agent in writing, details of all relevant and material facts and changes thereto about the Premises.

11.2

(1)

the Agent is authorised, prior to listing, to make its own enquiries into the information provided by the Client in Clause 10.1 (1), at the Client’s cost, and 10.1(2).

(2)

The Client will provide to the Agent such additional information as the Agent may reasonably request from time to time relevant to matters contained in Clause 11.



 

Clause 12

Client’s Obligations

12.1

The Client authorises the Agent, prior to listing, to make its own enquiries into the information provided by the Client in Clause 10(1), at the Client’s cost, and Clause 10(2).

12.2

The Client will provide to the Agent such additional information as the Agent may reasonably request from time to time relevant to matters contained in Clause 13.


 

Clause 16.2(2)

property data collection agencies; and/or

 

Clause 18

Where such information is required to be entered on the approved form, information contained in the Item Schedule and the Terms of Appointment shall apply to the approved PAMD Form 21a form.

 

22 Aug 2012 v3.2

Additions / Changes:


Part 2

The PAMDA Appointment of Agent forms (20a, 21a, 22a, 23 & 24a) all contain wording instructing the parties to 'complete in BLOCK letters'.

 

Even though we will continue to allow the user to enter text in the format of their choice (Uppercase or Upper/Lower) on these forms, as preferred by most agents, we have reverted to forcing the Agent's details only, on these forms, to display and print in Uppercase as advised by the OFT. This is because you can't change your agent details on these forms through ADLForms.

 

01 Jan 2012 v3.1

Additions / Changes:


Item B

Tick where appropriate

_ This item is not applicable (Section 144 of the Workplace Health & Safety Regulation 2008)

_ The owner has/has not complied with the Asbestos Management Code (Section 145 of the Workplace Health & Safety Regulation 2008)

Note: a Seller offering a Property for sale must comply with the applicable Asbestos Management Code before offering the Property for sale.

The Owner is required to comply with the Code of Practice for Management and Control of Asbestos for the Premises:

_ - No - Section 425(6) of the Work Health & Safety Regulation 2011 applies

_ - Yes - Is there a current Asbestos Register and Management Plan for the Premises: _ Yes _ No

Note: Section 428 of the Work Health & Safety Regulation 2011 requires that a copy of the Asbestos Register be given to the person assuming management or control of the workplace.


Clause 5

Asbestos – Workplace Health and Safety Regulation 2008

In respect to the Property being offered for sale the owner confirms that the owner has complied with the requirements of the Asbestos Management Code.

5.1

Where the Property being offered for sale is a workplace under the Work Health and Safety Regulation 2011, and the Owner is the person with management or control of the Property, the Owner confirms, unless otherwise disclosed in the Item Schedule hereto, that the Owner, to the extent required, has complied with the requirements of the current Code of Practice for the Management and Control of Asbestos in the Workplace.

5.2

Insofar as either party to this Appointment is, with respect to the Premises a - Person Conducting a Business or Undertaking (under the Work Health and Safety Act 2011, Regulations or relevant Codes of Practice in relation thereto) such party must comply with the Act, Regulations or relevant Codes of Practice.  Provided however, in carrying out any such obligations, the Agent acts only as Agent for the Client.

5.3

It is the Client’s responsibility to comply, so far as reasonably practicable, with its obligations under Section 21 of the Work Health and Safety Act 2011 with respect to ensuring any fixtures, fittings and plant, to which such Act applies, are without risk to the health and safety of any person.



Clause 12

The Agent having complied with its obligations under this Appointment, the Client indemnifies the Agent, its officers and employees from and against all liabilities, actions, claims, demands, losses, costs (on an indemnity basis), damages and expenses arising out of or in respect of this Appointment from:

(a)

the Client’s failure to comply with this Appointment; or

(b)

the Client’s failure to give the Agent appropriate authority or instruction; or

(c)

the Agent acting on behalf of the Client under this Appointment

The Agent will be compensated by the Client in respect of actions, claims, demands, losses, costs, damages and expenses arising out of this Appointment or resultant upon any act, omission or negligence on the part of the Client.


Clause 14

The parties agree and confirm this Appointment documents may be forwarded electronically if the recipient has provided an email address &/or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.

 

01 Nov 2011 v3.0

Additions / Changes:


Item H

BUILDING ENERGY EFFICIENCY DISCLOSURE                                                                     Clause 1(8)

Where this Appointment relates to the selling of a Property required under the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current registered Building Energy Efficiency Certificate (BEEC) rating of the energy efficiency of the Property (Recognised Rating), the Client (as Owner): confirms it has such BEEC and agrees to provide the BEEC to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA

(a)

confirms it has a valid & current Recognised Rating; and

(b)

agrees and undetakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.


Clause 1(8)

Recognised Rating: includes any of the following:

(a)

Building Energy Efficiency Certificate; or

(b)

National Australian Built Environment Rating System (NABERS Energy Star Rating); or

(c)

other recognised rating for the Property.

Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.

 

21 Apr 2011 v2.9

Additions / Changes:


Item B

Tick where appropriate

__ This item is not applicable (Section 144 of the Workplace Health & Safety Regulation 2008)

__ The owner has/has not complied with the Asbestos Management Code (Section 145 of the Workplace Health & Safety Regulation 2008 S 145)

Note: a Seller offering a Property for sale must comply with the applicable Asbestos Management Code before offering the Property for sale.


Clause 13

13.1

The Agent collects and uses personal information obtained from provided by you as the Client to provide the services required by you or on your behalf.

13.2

You as Client agree the Agent may subject to the Privacy Act 1988 (CTH) for (where applicable) collect, use and disclose such personal information to: in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):


(1)

potential buyers; and/or


(2)

data collection agencies; and/or


(3)

Body Corporates & financial institutions; and/or


(4)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration and  complying with legislative and regulatory requirements.

13.3

Without provision of certain information the Agent may not be able to act effectively or at all on the Client's behalf.

13.4

The Client has the right to access request the agent provide details of such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information. provided or obtained and also do all things reasonably necessary to amend or remove any inaccurate or out of date information.


Clause 14

The parties agree and confirm documents may be forwarded electronically to a person if that person the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Appointment.

 

01 Jan 2011 v2.8

Additions / Changes:


Item D

Note: Refer Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001 Section 21 (Advice about market price or rent) and Trade Practices Act 1974 Competition and Consumer Act 2010 (Cth) Sections 52, 53 & 53A.


Item H

Where this Appointment relates to the selling of a Property required under affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current rating of the energy efficiency of the Property (Recognised Rating), the Client (as Owner):

(a)

confirms it has a valid & current Recognised Rating rating of the energy efficiency of the Property (Recognised Rating); and

(b)

agrees and undertakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.

 

01 Nov 2010 v2.7

Additions / Changes:


Item H

Where this Appointment relates to the selling of a Property affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA), the Client (as Owner):

(a) confirms it has a valid & current rating of the energy efficiency of the Property (Recognised Rating); and

(b) agrees and undertakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.


Item I

Prior to signing the Client should provide, to the Agent, proof and details of current Public Liability Insurance, as listed below.

Insurer:…………………………… Policy No.:.…………… Expiry Date:….../…../……


Item J Note

The Special Conditions are inserted under instruction from a party to this Contract and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent. Legal advice should be sought.


Item K Warning

WARNING: By signing this Appointment the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent. The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.

The parties have been advised to seek legal advice with respect to this Appointment. including Special Conditions.


Clause 1(8)

Recognised Rating: includes any of the following:

(a)

Building Energy Efficiency Certificate; or

(b)

National Australian Built Environment Rating System (NABERS Energy Star Rating); or

(c)

other recognised rating for the Property.

Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.


Clause 12

Any Special Conditions to this Appointment shall form part of this Appointment.  Should there be inconsistency between these Terms of Appointment and a Special Condition, the Special Condition will apply.


Clause 13

13.1

The Agent collects and uses personal information obtained from you as the Client to provide the services required by you or on your behalf. You as Client agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):


(1)

marketing; and/or


(2)

sales promotion and administration; and/or


(3)

legislative and regulatory requirements relating to promotion administration and use of the Agent’s products and services.

13.2

Without provision of certain information the Agent may not be able to act effectively or at all on the Client’s behalf.

13.3

The Client has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.


Clause 14

The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Appointment.

 

26 Aug 2009 v2.6

Additions / Changes:


PAMD Form

Changes made to the PAMD Form 21a as per the Warning Message, when opening the form, within the ADLForms program.


Item E

The Agent named in Part 2 of the attached PAMD Form 21a is acting in conjunction with the Agent/s below:

Conjuncting Agent: ………………….....................………………………..  ABN: ………………………

License Number: ………………………….......................…….………..  License Expiry: …../.…./…..


Clause 13

By signing this Appointment all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Appointment and any other related appointments, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).

 

22 Sept 2008 v2.5

Additions / Changes:


Item B

The owner has/has not complied with the Asbestos Management Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC:2018(2005)] (Workplace Health & Safety Regulation 2008 S145)

Note: a Seller offering a Property for sale must comply with the Asbestos Management Code before offering the Property for sale.


Item G

Special Conditions:

(a) Were inserted under instruction by a party to this Appointment; and/or

(b) Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (H), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.


Item H

The parties have been advised to seek legal advice with respect to this Appointment, including Special Conditions.


Clause 5

Asbestos – Workplace Health and Safety Regulation 2008

In respect to the Property being offered for sale the owner confirms that the owner has complied with the requirements of the Asbestos Management Code. known as the NOHSC’s document entitled ‘Code of Practice for the Management and Control of Asbestos in Workplaces. [NOHSC:2018 (2005)]

 

04 Feb 2008 v2.4

Changes as per Office of Fair Trading

 

21 Nov 2007 v2.3

Changes:


Clause 9.2

the Client agrees the Commission is payable to the Agent forthwith. Provided however, where Clause 9.2 (c) applies, commission will remain due but monies payable shall (subject to the Seller’s rights to claim damages for breach of contract) be limited to the receipted deposit monies.

 

15 Nov 2007 v2.2

Additions:


Item H

WARNING: By signing this Appointment the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent.  The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.

 

20 Sept 2007 v2.1

Additions:


Item G

Special Conditions box added

 

04 Sept 2007 v2.0

Additions:


Clause 14

Where such information is required to be entered on the approved form, information contained in the Item Schedule and the Terms of Appointment shall apply to the approved PAMD 21a form.

Changes:

 

Terms of Appointment

Terms of Appointment (being a schedule to and forming part of the approved PAMD 21a form)

 

Clause 9.1

The Client agrees Commission as detailed in the Appointment will be due if the Client enters into an enforceable contract of sale when such contract becomes unconditional and payable:

(a)

on settlement of the sale; or

(b)

pursuant to Clause 9.2

 

Clause 9.2(b)

the Client, as Seller, releasing the Purchaser (by mutual agreement or otherwise) from the Purchaser's contractual obligations; or

 

Clause 9.3

The Agent will be entitled to the Agreed Commission if an enforceable contract is entered into with the Property is sold to a person introduced to the Property:

(a)

during the period of a Exclusive Appointment; or

(b)

during the period of a Sole or Open Appointment except where the introduction is made by the Client; or

(c)

after the conclusion of the Agency, the Property is sold to a purchaser effectively introduced to the Property by the Agent during the Agency.

such Commission will be paid in accordance with either Clause 9.1 or 9.2.

 

12 Feb 2007 v1.9

Changes:


Clause 7.1

The Agent has, prior to signing this Appointment, explained made clear to the Client:

(1)

General issues about a Sale conducted in conjunction with other Agents. Conjunctional Sales and all other issues relevant if a Conjunctional Sale were to take place.

(2)

the Agent's policy about in relation to Conjunctional Sales including and the percentage of apportionment of Commission between the Agents.


Clause 11.2

Notwithstanding the provision of Clause 11.1 (2) the Client by this Appointment agrees only offers which the Agent in its discretion considers are significant and which offers are in writing be, in accordance with Section 11 of the Code of Conduct, communicated to the Client.

Additions:


Clause 9.5

Notwithstanding the monetary amount listed in Part (10) of the PAMD Form 21a, the actual amount of Commission will be calculated based on the percentage set out in Part (10) of the PAMD Form 21a.

 

18 Dec 2006 v1.8

Changes as per Office of Fair Trading

 

19 Apr 2006 v1.7

Changes:


Item B

The owner has/has not complied with the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC:2018(2005)] (Workplace Health & Safety Regulation 1997 S73)

Note: a Seller offering a Property for sale must comply with the Asbestos Management Code before offering the Property for sale.


Clause 5

Asbestos – Workplace Health and Safety Regulation 1997

In respect to the Property being offered for sale the owner confirms that the owner has complied with the requirements of the Asbestos Management Code known as the NOHSC’s document entitled ‘Code of Practice for the Management and Control of Asbestos in Workplaces. [NOHSC:2018 (2005)]

 

08 Mar 2006 v1.6

Changes:


Item E

Commission Apportionment as a %: (if not completed commission will be apportioned equally)

 

12 Dec 2005 v1.5

Additions:


Clause 13

By signing this Appointment all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Appointment and any other related appointments, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).

 

28 Nov 2005 v1.4

Changes:


Item D

(Tick clause (c) above if the Agent has given any opinion to the Client in respect to the Market Price of the Property and complete the Market Price range fields. Supporting documentation must be included or attached)


Clause 9.2

the Client agrees the Commission is payable to the Agent forthwith.


Clause 9.4

The Client authorises and directs the Agreed Commission to be paid to the Agent by the person holding the deposit monies or other monies due under the contract for the sale of the Property, be that the stakeholder or other person as provided herein. on completion of such sale. This Appointment shall be sufficient authority and discharge for such payment.


Clause 10.2

The Agent is authorised, prior to listing, to make its own enquiries into the information provided by the Client in Clause 10.1 (1), at the Client's cost, and 10.1 (2)

 

20 July 2005 v1.3

Changes as per Office of Fair Trading

 

28 June 2005 v1.2

Changes:


Clause 1(3)

Code of Conduct: referred to as the Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001.


Clause 3.1

The Client instructs the Agent to list the Property at the Listing Price mentioned in Item (6) of the attached PAMD Form 21a.


Clause 3.2

The Seller acknowledges it has not relied on any material facts provided by the Agent other than those not contained in the Material Facts Annexure in arriving at the Listing Price.


Clause 4.2

If the Client enters into more than one Appointment and there is a sale the Client may have to pay a Commission for each Appointment and / or damages for breach of the Appointment to act.


Clause 7.3

The percentage apportionment of Commission between the Agents, if a conjunction agreement is to take place, shall be the percentage stated in Item E.


Clause 8.1

The Reserve price is the amount stated in Item (6) of the attached PAMD Form 21a unless otherwise instructed in writing by the Client or any other authorised person prior to the Auction taking place.


Clause 8.5

The Client authorises the Agent to employ a Licensed Auctioneer to carry out the Auction. The fee which the Client must pay is specified in Item (7.1) and (7.2) of the PAMD Form 21a.


Clause 8.6

Should the Property be sold by Auction, the contract will be unconditional for cash with a deposit of 10% payable on the fall of the hammer and settlement within thirty (30) days of the date of the Auction.


Clause 9.3

The Agent will be entitled to the Agreed Commission if the Property is sold to a person introduced to the Property;

 

(a)

during the period of an Exclusive Appointment; or

 

(b)

during the period of an Sole Appointment except where the introduction is made by the Client; or

 

(c)

after the conclusion of the Agency, the Property is sold to a purchaser effectively introduced to the Property by the Agent during the Agency.


Clause 10.1(1)

it is the owner of the Property, the description in Item (3) of the PAMD Form 21a is correct and the Client is authorised to appoint the Agent for sale of the Property.

 


Clause 11.1

In accordance with Section 11 of the Code of Conduct, the appointed Agent must keep the Client informed of: notify the Client in writing or verbally of:

 

(1)

any issues or other information relevant to the Property.

 

(2)

each expression of interest either written or oral about the offers relating to the sale of the Property unless otherwise specified in writing by the Client.

Additions:


Clause 1(6)

Market Price: an estimated price based on properties of similar characteristics in the area at that time.


Clause 1(7)

Material Facts Annexure: the ADL Forms Comparative Market Analysis form.

 

21 June 2005 v1.2

Changes:


Clause 2

In consideration of and in accordance with the terms of this Appointment, the Client appoints the Agent and its permitted Assigns, and the Agent agrees to sell the Property for the Client. Authority vested in the Agent by this Appointment shall be deemed to be vested in the Agent's authorised employees.


Clause 8.5

The Client authorises the Agent to employ a Licensed Auctioneer to carry out the Auction. The fee which the Client must pay is specified in Item 7.1 and 7.2 of the PAMD Form 21a.

 

06 May 2005 v1.2

Changes:


Item C

Clause reference changed from 4 to 5


Item D

Clause reference changes from 10.3 to 3

 

Deleted wording and replaced with the following;

The Client acknowledges in obtaining this Appointment, the Agent;

 

a.

was not required by the Client to give an opinion or supply any material facts in respect to the Market Price of the Property; or

 

b.

was not required by the Client to give an opinion in respect to the Market Price of the Property but did supply a written statement of material facts for the Client to take into account in deciding on a Listing Price for the Property and such material facts are as detailed in the attached Material Facts Annexure.

 

c.

has given the Client an opinion about the Market Price of the Property and supplied a written statement of material facts that the Agent has taken into account in forming such opinion and such material facts are as contained in the attached Material Facts Annexure. The Agent's opinion of Market Price is between ……………. and …………….

(Tick the above box if the Agent has given any opinion to the Client in respect to the Market Price of the Property and complete the Market Price range fields. Supporting documentation must be included or attached)

(Tick only one of the above boxes)

Note: Refer Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001 Section 21(Advice about market price or rent) and Trade Practices Act 1974 sections 52, 53 & 53A.


Item E

Clause reference changed from 6 to 7


Item F

Clause reference changed from 7 to 8

 

Auctioneer's Fee: (MUST be included in Items 7.1 & 7.2  of the attached PAMD 21a)

Reserve Price: (see Item 6 of the attached PAMD 21a)

Auction Conditions:


Clause 10.3

Delete this Clause


Clause 10.4

Move this Clause to become Clause 3.1


Clause 3 to 11

Renumber up one to accommodate the addition of a new Clause 3


Clause 8.1

The reserve price is the amount stated in Item F of the Item Schedule Item 6 of the attached PAMD Form 21a unless otherwise instructed in writing by the Client or any other authorised person prior to the Auction taking place.


Clause 8.2

Change the word premises to Property


Clause 9.3

Delete current Clause and replace with the following:

The Agent will be entitled to the Agreed Commission if the Property is sold to a person introduced to the Property;

 

(a)

during the period of a Sole Appointment; or

 

(b)

during the period of an Open Appointment except where the introduction is made by the Client; or

 

(c)

after the conclusion of the Agency, the Property is sold to a purchaser effectively introduced to the Property by the Agent during the Agency.


Clause 10.1(1)

it is the owner of the Property, the description in Item 3 of the PAMD Form 21a is correct and the Client is authorised to appoint the Agent for sale of the Property.

Additions:


Clause 3.2

The Seller acknowledges it has not relied on any material facts not contained in the Material Facts Annexure in arriving at the Listing Price.

 

21 Mar 2005 v1.1

Changes:


Clause 11

The Agent collects and uses personal information obtained from you as Client to provide the services required by you or on your behalf. You as Client agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) to third parties for (where applicable) marketing, and sales promotion and administration and as required for legislative and regulatory requirements and relating to promotion administration and use of the Agents products and services. Without provision of certain information the Agent may not be able to act effectively or at all on the Client's behalf. The Client has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.