PO Form 6 - Commercial Letting &/or Management - AUQLDRECMA03

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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 B Note

Where the Commission Method is expressed as a percentage the ‘Commission Amount’ (sub-item (c) for each commission type) is an estimated amount calculated on the Estimated Rent (Item B(1)) and the actual commission for the service will be worked out only on the actual rental for the property.

 

Item D

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

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

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

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

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

 

Item H

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

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

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

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

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

 

Item L

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 13 Title

Agent’s Obligations and Authority Responsibilities

 

07 May 2018 v2.2

Additions / Changes:

 

Item C

RENT AND STATEMENTS  

Where there is more than one recipient in respect of rent payments or provision of statements additional fees may be incurred.

 

Rent is to be disbursed and statements issued:

__ as indicated below   OR   __ as per attached Rent and Statements Schedule                                         Rent                   Payment Period: …………………………………………………………….……………

                         Pay by (tick only one):

                                                     

__ EFT

Bank: ……………………… Branch: …………………………… BSB: ......……........

Account Name: …………………………..   Account No.: ………………………........

__ Cheque

Payable To: …………….….…………………………………………………...…………

Address:  ………………..…………………………………………………………………

Statements         Issue Period: ..……………..……………………………………………………………….

__ Client

Issue By:  __ Post  __ Email

__ Other

Name: ………………………….….……………………………………………………....

Address/Email: …………………………………………………………………………...

 

Item C

Rent

Payment Period: ...................................................................................................

Payable to: __ Client __ Bank/Building Society __ Other   (tick only one)

Bank: ……………………..… Branch: ……………..……….……… BSB: ……….………..

Account Name: …………………………………………… Account No.: ……………………

If other: Name: …………………………………………………………………………………..

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

Statements

Issue Period: …………………………………………………………………………………….


Send to:

__ Client



__ Other

Name:      …………………………………….…………………………

Address:   …………………………………….…………………………

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

 

Clause 1(11)

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

 

Clause 21

Related Documents / Notices / Electronic Communication

21.1

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.

21.2

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 21.2(1) to (4) above.

21.3

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.

21.4

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.

21.5

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

21.6

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.

21.7

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.

21.8

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.

 

13 Feb 2017 v2.0

Additions / Changes:

 

Item A

APPOINTMENT TYPE   (Where Item A is not completed the Appointment Type will be an Exclusive Appointment)

__  Open Appointment     __  Sole Appointment     __  Exclusive Appointment

You may appoint the Agent to lease the Property on the basis of an open, sole or exclusive appointment.

 

13 Feb 2017 v1.9

Additions / Changes:

 

Item A

APPOINTMENT TYPE

__  Open Appointment     __  Sole Appointment     __  Exclusive Appointment

You may appoint the Agent to lease the Property on the basis of an open, sole or exclusive appointment.

 

Item B

COMMISSION

The Agent’s Commission will be calculated using one of the Commission Methods set out in sub-item (b) for each commission type:

Note: Where the commission is expressed as a percentage the ‘Commission Amount’ (sub-item (c) for each commission type) is an estimated amount calculated on the Estimated Rent (Item B(1)) and the actual commission for the service will be worked out only on the actual rental for the property.

1.

Estimated Rent: $........................................... Per Week/Fortnight/Month/Year

2.

Letting Commission

a. Payable:     ........................................................................................................................

b. Commission Method: (tick only one)

  __ …………% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

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

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

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

Note: Where the commission is expressed as a percentage (Item A(2)(b)) the Commission Amount (Item A(2)(c)) is an amount calculated on the Estimated Rent (Item A(1)) and the actual commission for the service will be worked out only on the actual rental for the property.

3.

PrRe-Letting Commission

a. Payable:     ........................................................................................................................

b. Commission Method: (tick only one)

  __ …………% (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent.

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

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

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

Note: Where the commission is expressed as a percentage (Item A(3)(b)) the Commission Amount (Item A(3)(c)) is an amount calculated on the Estimated Rent (Item A(1)) and the actual commission for the service will be worked out only on the actual rental for the property.

4.

Rent Collection and Management Commission

a. Payable:             Weekly/Fortnightly/Monthly/Yearly

b. Commission Method: (tick only one)

  __ …………% (incl. GST) of the rent collected in the Payable period specified in Item B(4)(a)

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

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

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

Note: Where the commission is expressed as a percentage (Item A(4)(b)) the Commission Amount (Item A(4)(c)) is an amount calculated on the Estimated Rent (Item A(1)) and the actual commission for the service will be worked out only on the actual amount of rent collected.

 

 

Clause 1(8)

Letting Commission: monies payable, to the Agent on a tenant entering into an initial lease as provided in Item B(2).

 

Clause 1(12)

Re-Letting Commission: monies payable to the Agent as provided in Item B(3), when the Lease is renewed.

 

Clause 3

Exclusive Appointment

3.1

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

3.2

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.

 

Clause 3

Appointment Type

Part 6 of the PO Form 6 relates to property sales only. Appointment of a letting agent for an open, sole or exclusive appointment will be subject to this Appointment and this clause.

3.1

Exclusive Appointment

If this Appointment is an Exclusive Appointment (Item A):

(1)

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

(2)

if during the term of this Appointment the Client undertakes to perform any of the services to be performed by the Agent as set out in this Appointment, the Client will still be responsible for Commission and/or Fees to the Agent for those services.

(3)

if during the term of this Appointment 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 for those services.

(4)

where a letting commission is applicable and the Agent during the term of this Appointment is the effective cause of the Property being let, regardless of whether the Appointment has expired, the Agent will still be entitled to the letting commission.

3.2

Sole Appointment

If this Appointment is a Sole Appointment (Item A):

(1)

if during the term of this Appointment 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 for those services.

(2)

where a letting commission is applicable and the Agent during the term of this Appointment is the effective cause of the Property being let, regardless of whether the Appointment has expired, the Agent will still be entitled to the letting commission.

(3)

if the Client lets the Property privately and the Agent is not the effective cause of the Property being let no commission with respect to letting will be payable.

3.3

Open Appointment

If this Appointment is an Open Appointment (Item A):

(1)

during the term of this Appointment the Client will be responsible for Commission and/or Fees to the Agent as outlined in this Appointment, for all services provided by the Agent in respect of this Appointment.

(2)

where a letting commission is applicable and the Agent, during the term of this Appointment is the effective cause of the Property being let, regardless of whether the Appointment has expired, the Agent will still be entitled to the letting commission.

(3)

if the Client or another properly appointed agent lets the Property and the Agent is not the effective cause of the Property being let no commission with respect to letting will be payable.

 

Clause 4.1

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).

 

Clause 4.2

Where the Client has in accordance with Clause 4.1 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.

 

Clause 14

Body Corporate

Should the property be subject to Body Corporate and Community Management Building Units and Group Titles Legislation, the Agent is authorised and directed to deal in all matters relevant to this Appointment with the Body Corporate.

 

01 Aug 2016 v1.8

Additions / Changes:

 

PO Form 6

Changes as per Office of Fair Trading

 

01 Jul 2016 v1.7

Additions / Changes:

 

PO Form 6

Changes as per Office of Fair Trading

 

06 Oct 2015 v1.6

Additions / Changes:

 

PO Form 6

Minor changes as per Office of Fair Trading

 

01 Oct 2015 v1.5

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. to Act as Real Estate Agent including 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(10)

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

 

Clause 2.3

Where this Appointment is a continuing appointment as and no end of continuing appointment has been specified in Part (4.2) of the attached Property Occupations Form 6, the Appointment ends on the date specified in a notice given:    

(a)

by either party in accordance with Clause 16 of this Appointment.

(b)

by the Client in accordance with Clause 7 of this Appointment.

 

Clause 12.17

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 21

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 21

Related Documents/Notices

21.1

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

21.2

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 21.2(a) to (d) above.

21.3

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.

21.4

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.

21.5

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

21.6

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.

21.7

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.

21.8

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 23

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 v1.4

Copyright statement updated.

 

13 May 2015 v1.3

Additions / Changes:

 

Clause 9.3

Should an enforceable Lease be entered into but occupancy of the Premises does not occur not completed due to:

(a)

any act, omission or default of the Client; or

(b)

the Client, releasing the Tenant (by mutual agreement or otherwise) from their  contractual obligations; or

(c)

default of the Tenant; the deposit being forfeited;

The Client agrees the Commission is payable to the Agent but in the case of 9.3 (c) only to the extent of the forfeited deposit any Deposit, Rent in advance or Security Deposit forfeited by the Tenant.

 

Clause 9.6

The Client authorises the Agent to deduct all Commission, payable in accordance with this Appointment where possible, from rent collected.

 

Clause 15.1(h)

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 21

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 23

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 v1.2

Additions / Changes:

 

Item Schedule Header

Item Schedule - Commercial Letting &/or Management

 

Item K

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 K

PRIOR APPOINTMENT (The Client MUST complete this Item)

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 K(1).

 

Terms of Appointment Header

Terms of Appointment - Commercial Letting &/or Management

 

Clause 3

Exclusive Appointment

3.1

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

3.2

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.

3.2

The Client confirms, at the date of entering into this Appointment, the Client has not appointed another real estate agent for the Leasing and/or Management of the property.

3.3

Where Clause 3.2 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 3.4 hereof. (See Section 21 Property Occupations Regulation 2014).

3.4

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

 

Clause 5

Fees, Charges and Expenses

5.1

The Client will pay all Fees, Charges, and 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 or as outlined in Items (E) & (F) in the Item Schedule.

5.2

The Client authorises the Agent to deduct all such Fees, Charges, Expenses and outlays, where possible, from rent collected.

 

Clause 9.6

The Client authorises the Agent to deduct all Commission, where possible, from rent collected.

 

Clause 15.1(g)

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

 

Clause 15.1(h)

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 19.2

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 23

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.

 

03 Dec 2014 v1.1

Additions / Changes:

 

Item A

1.

Estimated Rent: $........................................... Per Week/ Fortnight/ Month/ Year

2.

Letting

a. Payable:     ........................................................................................................................

b. Commission Method: (tick only one)

  __ …………% (incl. GST) of one Week’s/ Fortnight’s/ Month’s/ Year’s rent.

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

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

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

Note: Where the commission is expressed as a percentage (Item A(2)(b)) the Commission Amount (Item A(2)(c)) is an amount calculated on the Estimated Rent (Item A(1)) and the actual commission for the service will be worked out only on the actual rental for the property.

3.

Pre-Letting

a. Payable:     ........................................................................................................................

b. Commission Method: (tick only one)

  __ …………% (incl. GST) of one Week’s/ Fortnight’s/ Month’s/ Year’s rent.

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

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

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

Note: Where the commission is expressed as a percentage (Item A(3)(b)) the Commission Amount (Item A(3)(c)) is an amount calculated on the Estimated Rent (Item A(1)) and the actual commission for the service will be worked out only on the actual rental for the property.

4.

Rent Collection and Management

a. Payable:             Weekly/ Fortnightly/ Monthly/ Yearly

b. Commission Method: (tick only one)

  __ …………% (incl. GST) of the rent collected in the Payable period specified in Item A(4)(a)

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

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

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

Note: Where the commission is expressed as a percentage (Item A(4)(b)) the Commission Amount (Item A(4)(c)) is an amount calculated on the Estimated Rent (Item A(1)) and the actual commission for the service will be worked out only on the actual amount of rent collected.

 

Item D

             Fee Type                               Fee* (GST Inclusive)                                When Payable

                                                             (Specify $ or %)

1) Management Fee:                       ............................................              ............................................

2)    ........................................      ............................................              ............................................

3)    ........................................      ............................................              ............................................

4)    ........................................      ............................................              ............................................

5)    ........................................      ............................................              ............................................

6)    ........................................      ............................................              ............................................

 

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) Form 21a Part 10)

1.

Estimated Rent: $........................................... Per Week/ Fortnight/ Month/ Year

2.

Letting

a. Payable:     On Invoice

b. Commission Method: (tick only one)

  __ …………% (incl. GST) of one Week’s/ Fortnight’s/ Month’s/ Year’s rent.

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

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

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

Note: Where the commission is expressed as a percentage (Item A(2)(b)) the Commission Amount (Item A(2)(c)) is an amount calculated on the Estimated Rent (Item A(1)) and the actual commission for the service will be worked out only on the actual rental for the property.

3.

Pre-Letting

a. Payable:     On Invoice

b. Commission Method: (tick only one)

  __ …………% (incl. GST) of one Week’s/ Fortnight’s/ Month’s/ Year’s rent.

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

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

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

Note: Where the commission is expressed as a percentage (Item A(3)(b)) the Commission Amount (Item A(3)(c)) is an amount calculated on the Estimated Rent (Item A(1)) and the actual commission for the service will be worked out only on the actual rental for the property.

4.

Rent Collection

a. Payable:             Weekly/ Fortnightly/ Monthly/ Yearly

b. Commission Method: (tick only one)

  __ …………% (incl. GST) of the rent collected in the Payable period specified in Item A(4)(a)

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

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

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

Note: Where the commission is expressed as a percentage (Item A(4)(b)) the Commission Amount (Item A(4)(c)) is an amount calculated on the Estimated Rent (Item A(1)) and the actual commission for the service will be worked out only on the actual amount of rent collected.

 

Rent Collection: (Property Occupations Agents and Motor Dealers Regulation 2014 2001, Schedule 1, Sections 33(1)(a) and 33(1)(b))

COMMENTS:

 

Letting:

COMMISSION:          ….………………………………….……………………………………………………………

GST:                          ….......................................………………………………………………………………

TOTAL PAYABLE:   ……………………….……………..…………………………………………………………...

COMMENTS:

 

 

Pre-Letting:

COMMISSION:          ….………………………………………...........................................……………………

GST:                          …...……………………………....................................…………………………………

TOTAL PAYABLE:   ……………………………….......................................…………………………………...

COMMENTS:

 

Refer to Property Occupations Agents and Motor Dealers Regulation 2014 2001, Schedule 1, Sections 32(1)(a) and 32(1)(b) for Letting and Pre-Letting)

 

Item D

ADDITIONAL FEES & CHARGES

Note: Fees below are in addition to any stated in Part (8.3) of Property Occupations Form 6.

*A fee may be expressed as either: (a) Fee + GST Amount = GST inclusive Fee   OR  (b) single GST inclusive figure

             Fee Type                               Fee* (GST Inclusive)                               When Payable

                                                             (Specify $ or %)

1) Management Fee:                       ............................................             ............................................

2)    ........................................      ............................................             ............................................

3)    ........................................      ............................................             ............................................

4)    ........................................      ............................................            ............................................

5)    ........................................      ............................................             ............................................

6)    ........................................      ............................................             ............................................

 

Item G

MANAGING AGENT (if different from the Agent named in Part (2) of the attached Property Occupations Form 6 PAMD Form 21a)

 

Item H

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

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

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

 

Item J

AGENT’S OPINION OF RENT

The Client acknowledges in obtaining this Appointment, the Agent

1.

Has/Has not given the Client an opinion of the market rent of the Property.

If an opinion has been provided, the opinion is between ……………...…. and ……………………

2.

Has/Has not advised the Client in relation to the suitability of the market rent expected by the Client

3.

Has/Has not given the Client a written statement of the material facts that the Agent has taken into account in forming an opinion about the market rent of the Property and such material facts are as set out below or in the attached Comparative Market Analysis.

 

Clause 1(1)

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

 

Clause 1(2)

Appointment means Property Occupations Form 6 Appointment to Act as Real Estate Agent 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

 

Clause 1(3)

Code of Conduct referred to as the Property Occupations Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2014 2001.

Conduct Standards: the Conduct Standards as set out in the Act and Regulations.

 

Clause 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.

 

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 2.3

Where this Appointment is a continuing appointment and no end of continuing appointment has been specified in Part (4.2) of the attached Property Occupations Form 6 PAMD Form 21a, the Appointment ends on the date specified in a notice given:

(1)

by either party in accordance with Clause 16 of this Appointment.

(2)

by the Client in accordance with Clause 7 of this Appointment.

 

Clause 3

3.1

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

3.2

If another party acts for the Client in providing the services set out in this Appointment, the Client will, in the case of exclusive appointment, still be responsible for Commissions and/or fees to the Agent as outlined in this Appointment.

3.2

The Client confirms, at the date of entering into this Appointment, the Client has not appointed another real estate agent for the Leasing and/or Management of the Property.

3.3

Where Clause 3.2 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 3.4 hereof. (See Section 21 Property Occupations Regulation 2014).

3.4

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

 

Clause 4

Reappointment

4.1

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).

4.2

Where the Client has in accordance with Clause 4.1 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.

4.3

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 4.2.

4.4

Where the Agent does not serve a notice in accordance with Clause 4.2 this will be confirmation of the Agent’s acceptance of Reappointment.

 

Clause 5

The Client will pay all Fees, and Charges as detailed in Part (11) and Expenses as detailed in Part (8) of the attached Property Occupations Form 6 Form 21a.

 

Clause 9.1

The Client will pay Commission as more particularly detailed in Part (7) of the attached Property Occupations Form 6 Form 21a. and Item (A) of the Item Schedule.

 

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.

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

 

Clause 10(1)

It is the owner of the Property, the description in Form 21a Part (3) of the attached Property Occupations Form 6 Appointment is correct and the Client is authorised to appoint the Agent for the Lease and/or management of this Property.

 

Clause 11

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 information and facts material to the letting and management of the 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

There is a positive obligation on the Client to disclose relevant information and material facts.  Any failure to disclose information known to the Client which may detract from the letting or management of the Premises will be a breach of this Appointment

 

Clause 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 information and facts material to the letting and management of the Premises and changes thereto.

 

Clause 13.3(a)

ordering repairs or maintenance in excess of the authorised amount specified in Part (8.2) of the attached Property Occupations Form 6 Form 21a or any amount otherwise specified by the Client in writing.

 

Clause 13.8

The Agent will maintain its License in accordance with the Property Occupations Act 2014 Agents and Motor Dealers Act 2000.

 

Clause 13.15

The Agent will not engage a person to perform building work unless the person holds a licence under the Queensland Building and Construction Commission Services Authority Act 1991 authorising the performance of the work.

 

Clause 13.16

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

(1)

any issues or other information relevant to the letting and management of  the property

(2)

each expression of interest or written offers relating to the letting of the property

unless otherwise specified in writing by the Client.

 

Clause 13.18

The Agent must, as stated in Section 21 of the Code of Conduct:

(a)

not knowingly represent to someone else anything that is false or misleading relating to mislead a person about the property’s market rent in an attempt to obtain an appointment to lease property.

(b)

not accept instructions from a person to act as the Agent for the property if the Agent has given that person an opinion about the market rent for the property unless the Agent has given that person a written statement on the material facts that the Agent has taken into account in forming an opinion.

(b)

keep the Client informed, in accordance with the Client’s instructions, if any, of the Agent’s opinion about the current market rent of the Property.

(c)

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

 

Clause 16.1

Termination of this Appointment shall be in accordance with Part (5) of the attached Property Occupations Form 6 Form 21a unless not specified in the said Property Occupations Form 6 Form 21a in which case Termination shall be:

(a)

in accordance with Section 114(5) 133 (4) (b) of the Property Occupations Act 2014 Agents and Motor Dealers Act 2000; or

(b)

if and/ or when the Client enters into a contract to sell or an agreement to transfer the Property in accordance with the provisions of Clause 7; or

(c)

on the giving of not less than 30 days one months notice in writing terminating this Appointment by the Agent.

(d)

in the case of the Agent’s bankruptcy, liquidation, criminal or other convictions entering into a scheme of arrangements the Client may terminate this Appointment forthwith.

 

Clause 16.3

Upon Termination of this Appointment the Client must pay, within the time period specified in Part (5) of the attached Property Occupations Form 6 Form 21a, to the Agent all Fees and Commission then due and owing to the Agent.

 

Clause 17

Each party has received a signed copy of this document and understands such document or has had the opportunity to obtain professional advice with respect to the Appointment and each party acknowledges it is bound by the Terms of this Appointment which include the attached Property Occupations Form 6 Form 21a and all schedules annexed thereto and each party acknowledges this Appointment constitutes the entire agreement between the parties.

 

Clause 18

Reference to relevant Legislation includes Queensland Government Legislation generally but particularly the Property Occupations Act 2014 Agents & Motor Dealer's Act 2000, regulations and amendments thereto, including (Real Estate Agency Practice Code of Conduct) Regulation 2014 2001, Financial Services Reform Act 2001, Building Fire Safety Regulation 2008 and the Work Health and Safety Regulation 2011.

 

Clause 22

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 v3.4

Additions / Changes:

 

Clause 19

Privacy Statement

19.1

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.

19.2

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.

19.3

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

(1)

tenants and potential tenants, insofar as such information is relevant to the managing and/or leasing of the Property to the extent required to complete a leasing agreement; and/or

(2)

property data collection agencies; and/or

(3)

Body Corporates & financial institutions; and/or

(4)

tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; &/or

(5)

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 Agents products and services and complying with legislative and regulatory requirements.

19.4

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

19.5

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.

19.6

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

 

02 Sep 2013 v3.3

Additions / Changes:


Item K

BUILDING ENERGY EFFICIENCY DISCLOSURE

Where this Appointment relates to the leasing 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 L

SPECIAL CONDITIONS                                                                                                       Clause 18

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 on the date specified in a notice given

(1)

by either party in accordance with Clause 15 of this Appointment.

(2)

by the Client in accordance with Clause 6 of this Appointment.



Clause 11.15

Where this Appointment relates to the leasing 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 14.1

The Agent having complied with its obligations under this Appointment and not having been negligent, the Client indemnifies the Agent from and against all actions, claims, demands, losses, costs, 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 sufficient funds to carry out an instruction or authority; or

(c)

the tenant's failure to comply with his/her obligations according to the lease, at no fault of the Agent; or

(d)

the tenant’s failure to comply with his/her obligations under relevant acts and legislation with respect to the lease; or

(e)

the Agent acting on behalf of the Client  under this Appointment; or

(f)

manifestation of latent defects in the Property or the structure of the Property being let.

The Agent will be compensated by the Client for any losses arising from any actions, claims and demands arising hereunder.


Clause 19.2

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 tenants to the extent required to complete a leasing agreement; and/or

(2)

property data collection agencies; and/or

(3)

Body Corporates & financial institutions; and/or

(4)

tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; and/or

(5)

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 v3.2

Additions / Changes:

 

Item E

ASBESTOS INFORMATION CONCERNING THE PROPERTY                                       Clause 5.1 & 5.2

Note: Reference to a Section in this Item (E) 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 G

TENANT’S MANAGING AGENT

(if different from the Agent named in Part 2 of the attached PAMD Form 21a)

 

Item L

CLIENT’S PUBLIC LIABILITY INSURANCE

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:….../…../……

 

Clause 5

5.1

Where the Property being offered for lease is a workplace as defined under the Work Health and Safety Act 2011, Regulation 2011, and the Lessor is the person with management or control of the Property, the Lessor confirms, unless otherwise disclosed in the Item Schedule hereto, that the Lessor, 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 such Property the Premises 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 (E)(1), (E)(2) or (E)(3), the provisions of Clause 5.2(1)(a),(b) & (c) will not apply.

5.3

Where the Client has ticked ‘yes’ in Item (E)(2) and (E)(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 9(3)

at all times during the currency of this Appointment to keep the Agent advised of and disclose to the Agent in writing all relevant and material facts, changes, notices and documentation relating to the Property.

 

Clause 9.2

(1)

the Agent is authorised prior to listing to make its own enquiries into the information provided by the Client in Clause 9.1 (1) and 9.1 (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 9.


 

Clause 10

Material Facts

10.1

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.

10.2

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.

10.3

There is a positive obligation on the Client to disclose relevant and material facts.  Any failure to disclose information known to the Client which may detract from the letting of the Premises will be a breach of this Appointment


 

Clause 11.4

The Client authorises the Agent, prior to listing, to make its own enquiries into the information provided by the Client in Clause 9(1) and Clause 9(2).

 

Clause 11.14

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 9.

 

Clause 19.2(2)

property data collection agencies; and/or

 

Clause 21

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 v3.1

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 v3.0

Additions / Changes:


Item E

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 lease is a workplace under the Work Health and Safety Regulation 2011 and the Lessor is the person with management or control of the Property, the Lessor confirms, unless otherwise disclosed in the Item Schedule hereto, that the Lessor, 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 13.1

The Agent having complied with its obligations under this Appointment, the Client indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment from;


Clause 16

Reference to relevant Legislation includes Queensland Government Legislation generally but particularly the Property Agents & Motor Dealer's Act 2000, regulations and amendments thereto, including (Real Estate Agency Practice Code of Conduct) Regulation 2001,Financial Services Reform Act 2001, Building Fire Safety Regulation 2008 and the Workplace Health and Safety Regulation 2011 1997.


Clause 19

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 v2.9

Additions / Changes:


Item K

BUILDING ENERGY EFFICIENCY DISCLOSURE                                                                     Clause 1(9)

Where this Appointment relates to the leasing 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(9)

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 v2.8

Additions / Changes:


Item E

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.


Item K

Where this Appointment relates to the leasing 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 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.


Clause 18

18.1

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.

18.2

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 tenants; and/or


(2)

data collection agencies; and/or


(3)

Body Corporates & financial institutions; and/or


(4)

tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; &/or


(5)

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.

18.3

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

18.4

The Client has the right to access request the landlord’s 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 19

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 Dec 2010 v2.7

Additions / Changes:


Item C

Fee Type

Fee* (GST Inclusive)

(Specify $ or %)

Inc. GST


Clause 1(5)

GST: meaning used in the A New Tax System (Goods & Services Tax) Act 1999 and “GST” includes any applicable rulings issued by the Commissioner of Taxation.

 

01 Nov 2010 v2.6

Additions / Changes:


Item K

Where this Appointment relates to the leasing 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 L 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 M 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 18

18.1

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.

18.2

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

18.3

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 19

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.

 

14 Oct 2009 v2.5

Additions / Changes:


Clause 10.7

The Client must comply with meet the requirements of the Building Fire Safety Regulation 2008 together with all relevant acts, legislation, by-laws, rules & regulations local, state and federal.


Clause 13.2

The Client acknowledges that the Agent is acting only as a licensed letting agent and is not responsible for reporting any matters (including defects latent or otherwise) other than those that are readily apparent during the course of standard periodic inspections or as bought to their attention as Agent by the tenant.

The Agent is not otherwise qualified and it is the Client's responsibility to obtain specific advice with respect to the Property and its soundness as to building and structural integrity, pest, health, fire safety and other requirements.

As such, the Client indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of, or in respect of this Appointment, resulting from matters of cleanliness, safety, construction, building requirements or building deterioration.


Clause 16

Reference to relevant Legislation includes Queensland Government Legislation generally but particularly the Property Agents & Motor Dealer's Act 2000, regulations and amendments thereto, including (Real Estate Agency Practice Code of Conduct) Regulation 2001,Financial Services Reform Act 2001, Building Fire Safety Regulation 2008 and the Workplace Health and Safety Regulation 1997.

 

26 Aug 2009 v2.4

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 H

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 19

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 v2.2

Additions / Changes:


Item E

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 J

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 (K), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.


Item K

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 v2.1

Changes as per Office of Fair Trading

 

15 Nov 2007 v2.0

Additions:


Item K

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.

 

04 Sept 2007 v1.9

Additions:


Clause 20

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 8.3(b)

the Client, releasing the Tenant (by mutual agreement or otherwise) from their contractual obligations; or

 

12 Feb 2007 v1.8

Changes:


Clause 7.1

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

(1)

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

(2)

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


Clause 11.17

Notwithstanding the provision of Clause 11.16 (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 v1.7

Changes as per Office of Fair Trading

 

21 Apr 2006 v1.6

Changes:


Item E

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 v1.5

Changes:


Item H

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

 

12 Dec 2005 v1.4

Additions:


Clause 19

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).

 

08 Dec 2005 v1.3

Additions:


Clause 1(6)

Payment Claims: as defined under Schedule 2 of the Building and Construction Industry Payments Act 2004


Clause 1(7)

Payment Schedule: as defined under Schedule 2 of the Building and Construction Industry Payments Act 2004


Clause 1(8)

Service Provider: a person or company contracted by the Agent to supply building and or repair services to the Property.


Clause 10.11

The Client must pay to the Agent, in addition to all other payments to be made under this Appointment, the amount as stated on a Payment Claim issued by a Service Provider. However, if a Payment Schedule has been served on the Service Provider in accordance with Section 18 of the Building and Construction Industry Payments Act 2004 then the Client must make payment in accordance with the Payment Schedule.


Clause 10.12

Wherever the Agent seeks consent, instruction or documentation in respect to matters arising under this Appointment such instruction must be provided forthwith.


Clause 11.3(b)

issuing the Contractor a Payment Schedule in accordance with Section 18 of the Building and Construction Industry Payments Act 2004 for Payment Claims


Clause 11.13(2)

receive from and issue (as the case may be) to a Service Provider all Payment Claims and Payment Schedules (subject to Clauses 11.3, 11.4 & 11.15)


Clause 11.22

The Agent will forthwith upon receipt of any notice advise the Client and provide copies of such notice.


Clause 13.1(f)

manifestation of latent defects in the Property or the structure of the Property being let.

 

20 July 2005 v1.2

Changes as per Office of Fair Trading

 

21 June 2005 v1.1

Changes:


Item G

Insurance policy exiry date added

 

21 Mar 2005 v1.1

Changes:


Clause 18

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.