PO Form 6 - Holiday and Permanent Letting &/or Management - AUQLDREPMA06

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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 L

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

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

Secretary:  ……..……………………………………………………….…………………………………………

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

Manager:   ……..……………………………………………………….…………………………………………

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

 

Item Y

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).

 

07 May 2018 v2.2

Additions / Changes:

 

Item D

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 D

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(19)

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

 

Clause 23

Related Documents / Notices / Electronic Communication

23.1

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.

23.2

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 23.2(1) to (4) above.

23.3

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.

23.4

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.

23.5

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

23.6

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.

23.7

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.

23.8

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 Z

APPOINTMENT TYPE   (Where Item Z 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 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

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 B(2)(b)) the Commission Amount (Item B(2)(c)) is an 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.

3.

Rent Collection and Management (Permanent Letting)

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(3)(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 B(3)(b)) the Commission Amount (Item B(3)(c)) is an amount calculated on the Estimated Rent (Item B(1)) and the actual commission for the service will be worked out only on the actual amount of rent collected.

4.

Rent Collection and Management (Holiday Letting)

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 B(4)(b)) the Commission Amount (Item B(4)(c)) is an amount calculated on the Estimated Rent (Item B(1)) and the actual commission for the service will be worked out only on the actual amount of rent collected.

 

Item Z

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.

 

Clause 3

Exclusive Appointment

3.1

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 Z):

(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 Z):

(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 Z):

(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 14.1

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 and any Occupancy Agreement entered into under the authority of this Appointment with the relevant 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 attached Item Schedule and Terms of Appointment.

 

Clause 1(11)

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(19)

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

 

Clause 10.13

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 11.28

In respect of holiday lettings the Agent, at the Client’s expense, will be responsible for carrying out all Cleaning Services required;

(1)

throughout the duration of each occupation including the Client’s use of the Property in Clause 12, and

(2)

once the Property is vacated by an Occupant,

in order to prepare the Property for future occupants.

 

Clause 19

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.

 

Clause 23

Related Documents/Notices

23.1

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

23.2

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 23.2(a) to (d) above.

23.3

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.

23.4

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.

23.5

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

23.6

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.

23.7

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.

23.8

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 24

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.

 

11 Jun 2015 v1.4

Copyright statement updated.

 

13 May 2015 v1.3

Additions / Changes:

 

Clause 11.4

The Agent must where required or necessary, organise repairs, service and maintenance (utilizing, where appropriate, a licensed tradesperson) and where possible utilise those services of the persons detailed in Item (N) of the Item Schedule.

Note: The Client acknowledges that where a self-employed tradesperson is paid under a contract that is wholly or principally for their labour, provision should be made for superannuation contributions as individual tradespersons could be considered employees for super guarantee purposes.

 

Clause 11.13

Where the Agent is authorised and directed to perform the Client’s duties in respect of matters detailed in Clause 8.1 the Agent is authorised and reserves the right to employ the services of a suitably licensed tradesperson to carry out such requirements and bill the cost thereof, including any superannuation guarantees, if applicable, relating to such services, to the Client.

 

Clause 17.1(i)

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

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.

 

Clause 24

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.

 

18 Dec 2014 v1.2

Additions / Changes:

 

Item Schedule Header

Item Schedule - Permanent and Holiday Letting &/or Management

 

Item W

SPECIAL CONDITIONS FOR THIS APPOINTMENT

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 X

ADDITIONAL REQUIREMENTS OF AGENT

 

Item Y

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 Y(1).

 

Terms of Appointment Header

Terms of Appointment – Permanent and Holiday Letting &/or Management

 

Clause 1(10)

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

 

Clause 3

Prior Appointment by Client

3.1

The Client has not appointed any other agent to let or manage the Property, or has revoked in writing any prior appointment to act with respect to the Property given to any other party.

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 3.2

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 6.4

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

 

Clause 7

Fees, Charges and Expenses

7.1

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 (C) & (F) in the Item Schedule.

7.2

The Client authorises the Agent to deduct all such Fees, Charges, Expenses and other outlays owing to or incurred by the Agent in association with this Appointment, where possible, from rent collected.

 

Clause 11.24

If rent collected is insufficient to cover the amounts specified in Clause 7, the Client must pay the remaining amount to the Agent upon request.

 

Clause 11.27

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 17(h)

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

 

Clause 17(i)

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

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.

 

Clause 22.2

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.

 

03 Dec 2014 v1.1

Additions / Changes:

 

Item B

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 B(2)(b)) the Commission Amount (Item B(2)(c)) is an 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.

3.

Rent Collection and Management (Permanent Letting)

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(3)(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 B(3)(b)) the Commission Amount (Item B(3)(c)) is an amount calculated on the Estimated Rent (Item B(1)) and the actual commission for the service will be worked out only on the actual amount of rent collected.

4.

Rent Collection and Management (Holiday Letting)

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 B(4)(b)) the Commission Amount (Item B(4)(c)) is an amount calculated on the Estimated Rent (Item B(1)) and the actual commission for the service will be worked out only on the actual amount of rent collected.

 

Item C

             Fee Type                               Fee* (GST Inclusive)                                When Payable

                                                             (Specify $ or %)

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

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

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

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

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

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

7)    ........................................      ............................................              ............................................

8)    ........................................      ............................................              ............................................

9)    ........................................      ............................................              ............................................

10)  ........................................      ............................................              ............................................

 

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 B

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

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 B(2)(b)) the Commission Amount (Item B(2)(c)) is an 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.

3.

Rent Collection (Permanent Letting)

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(3)(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 B(3)(b)) the Commission Amount (Item B(3)(c)) is an amount calculated on the Estimated Rent (Item B(1)) and the actual commission for the service will be worked out only on the actual amount of rent collected.

4.

Rent Collection (Holiday Letting)

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 B(4)(b)) the Commission Amount (Item B(4)(c)) is an amount calculated on the Estimated Rent (Item B(1)) and the actual commission for the service will be worked out only on the actual amount of rent collected.

 

YOU MUST EXPRESS THE COMMISSION IN BOTH FORMATS

Rent Collection: (Refer to Property Occupations  Agents and Motor Dealers Regulation 2014 2001, Schedule 1A,  Sections 3(1)(a) and 3(1)(b))

(1) Permanent Letting:


DOLLAR AMOUNT

PERCENTAGE

COMMISSION:

…………………………………………………..

…………………..

GST:

…………………………………………………..

…………………..

TOTAL PAYABLE:

…………………………………………………..

…………………..

(2) Holiday Letting:


DOLLAR AMOUNT

PERCENTAGE

COMMISSION:

…………………………………………………..

…………………..

GST:

…………………………………………………..

…………………..

TOTAL PAYABLE:

…………………………………………………..

…………………..

COMMENTS:


 

Letting: (Refer to Property Occupations Agents and Motor Dealers Regulation 2014  2001,Schedule 1A,  Sections 2(1)(a) and 2(1)(b))

COMMISSION:

…………………………………………………….……………………………………..

GST:

……………………………………………………………………………………………

TOTAL PAYABLE:

……………………………………………………………………………………………

 

COMMENTS:


 

Item C

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)    ........................................      ............................................             ............................................

7)    ........................................      ............................................             ............................................

8)    ........................................      ............................................             ............................................

9)    ........................................      ............................................             ............................................

10)  ........................................      ............................................             ............................................

 

Item S

The Agent named in Part (2) of the attached Property Occupations Form 6 PAMD Form 20a is acting in conjunction with the Agent/s below:

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

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

 

Item AA

DATE OF COMMENCEMENT OF APPOINTMENT

      /        /                  If left blank, will be the date of the last party (Client or Agent) signing.

 

Item AB

AGREED NOTICE PERIOD

Agreed notice (if less than 90 days) is…………………………………...............…………. days.

 

Clause 1(1)

Applicable Legislation: Reference to Applicable 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 2001, Queensland Building and Construction Commission Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Work Health and Safety Act 2011,  Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2013 2002, Fair Trading Act 1989, Fire and Emergency Services Act 1990, Building Fire Safety Regulation 2008 and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and Competition and Consumer Act 2010(Cth).

 

Clause 1(2)

Appointment: means Property Occupations Form 6 PAMD Form 20a Appointment of to Act as Real Estate Agent – Letting and Property Management including the whole of this document.

 

Clause 1(8)

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

 

Clause 2.3

Where details as to the term type of appointment are not completed in Part (4.2) of the attached Property Occupations Form 6 PAMD Form 20a 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 4.2 of the attached PAMD Form 20a, the Appointment ends on the date specified in a notice given

Where this Appointment is a continuing appointment as specified in Part (4.2) of the attached Property Occupations Form 6, the Appointment ends on the date specified in a notice given:

(1)

by either party in accordance with Clause 20 of this Appointment.

(2)

by the Client in accordance with Clause 10 of this Appointment.

 

Clause 2.6

The Appointment will commence on the date set out in Part (4.2) of the Property Occupations Form 6 and where no date is inserted the date the last signatory executes the Appointment.

 

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

7.1

The Client will pay all Commission as more particularly detailed in Part (7) of the attached Property Occupations Form 6 PAMD Form 20a.( and Item (B) of the Item Schedule)

7.2

Notwithstanding the monetary amounts listed in Part (5) of the PAMD Form 20a and Item (B) of the Item Schedule, the actual amount of Commission will be calculated based on the percentage set out in Part (5) of the PAMD Form 20a. (Item (B) of the Item Schedule)

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

 

Clause 8

The Client will pay all Fees, and Charges as detailed in Part (7) and Expenses as detailed in Part (8) of the attached Property Occupations Form 6 PAMD Form 20a or as outlined in Items (B), (D) & (E) in the Item Schedule.  The Client authorises the Agent to deduct all such Fees, Charges, Expenses and other outlays owing to or incurred by the Agent in association with this Appointment where possible from rent collected.

 

Clause 9.2

The Client warrants it is the owner of the Property, the description in Part (3) of the attached Property Occupations Form 6 PAMD Form 20a Part (3) of the Appointment is correct and the Client has full authority to enter into all Occupancy Agreements.

 

Clause 12.3

The Agent will seek the Client's written approval before ordering repairs or maintenance in excess of the authorised amount specified in Part (8.2) of the attached Property Occupations Form 6 PAMD Form 20a or any amount otherwise specified by the Client in writing.

 

Clause 12.16

When dealing with prospective tenants the Agent will comply with the Code of Conduct which does is not precluded the Agent from ascertaining the Tenant’s suitability to occupy the Property.

 

Clause 12.23

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

 

Clause 14.3

The Agent will advertise the Property as stated in Part (8.1) of the Property Occupations Form 6 PAMD Form 20a using the funds accumulated from Rent.

 

Clause 19

If an Electrical Safety Switch is not installed on the Property the Client must install an approved Electrical Safety Switch. (See Section 810A of the Electrical Safety Regulation 2013 2002)

 

Clause 20.1

Either party may terminate this Appointment by giving notice in accordance with Part (5) of the attached Property Occupations Form 6 PAMD Form 20a for the time specified therein or such time as is otherwise specified in Item (AB) of the Item Schedule.

 

Clause 20.4

Upon Termination of this Appointment the Client must pay, within the time period specified        in Part (5) of the attached Property Occupations Form 6 PAMD Form 20a, to the Agent all Fees and Commission then due and owing to the Agent.

 

Clause 21

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 includes the attached Property Occupations Form 6 PAMD Form 20a and all schedules annexed thereto and each party acknowledges this Appointment constitutes the entire agreement between the parties.

 

Clause 25

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 20a.

 

17 Jun 2014 v3.8

Additions / Changes:


Item Q(1)

Smoke alarms are/are not installed in accordance with Part 9A, Division 5A of the Fire and Emergency Rescue Services Act 1990.


Item Q Note

{Since the 1st July 2007 owners of all houses and units (domestic dwellings) in Queensland must install and maintain smoke alarms in compliance with the Fire and Emergency Rescue Services Act 1990 as amended}


Clause 1(1)

Applicable Legislation: Reference to Applicable 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, Queensland Building and Construction Commission Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Work Health and Safety Act 2011,  Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2002, Fair Trading Act 1989, Fire and Emergency Rescue Services Act 1990, Building Fire Safety Regulation 2008 and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and Competition and Consumer Act 2010(Cth).


Clause 8.1(6)

compliance with the Fire and Emergency Rescue Services Act 1990 Part 9A, Division 5A (installation and maintenance of smoke alarms see Item (Q) of the Item Schedule)


Clause 10.8

The Client must comply with the requirements of the Fire and Emergency Rescue Services Act 1990 and the Building Fire Safety Regulation 2008 together with all relevant acts, legislation, by-laws, rules & regulations local, state and federal.

 

12 Mar 2014 v3.7

Additions / Changes:

 

Clause 22

Privacy Statement

22.1

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.

22.2

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.

22.3

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 an Occupancy 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 Agent’s products and services and complying with legislative and regulatory requirements.

22.4

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

22.5

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.

22.6

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

 

13 Jan 2014 v3.6

Additions / Changes:


Clause 1(1)

Applicable Legislation: Reference to Applicable 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, Queensland Building and Construction Commission Services Authority Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Work Health and Safety Act 2011,  Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2002, Fair trading Act 1989, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and Competition and Consumer Act 2010(Cth).


Clause 1(5)

Building Work: refer to the Queensland Building and Construction Commission Services Authority Act 1991, Schedule 2.


Clause 11.6

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.

 

21 Oct 2013 v3.5

Additions / Changes:


Clause 8.1(2)

the Property and inclusions is are safe and fit for the Tenant/s to occupy.

Note: Prior to occupancy the Client should have the Property and inclusions inspected by someone with appropriate experience in house maintenance and safety standards.


Clause 17.2

The Client acknowledges that the Agent is acting only as a licensed letting and/or managing 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 (see Clause 15) 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 inclusions with regard to 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, notwithstanding the Agent’s obligations under Clause 15.

 

24 Sep 2013 v3.4

Additions / Changes:


Clause 8.1(5)

that telephone lead-in work (cabling) is completed to the premises to enable the tenant to connect a basic telephone service. (Telephone connection clause applicable for Permanent Letting only)

 

02 Sep 2013 v3.3

Additions / Changes:


Item E

Tick only one of the boxes below:

 

__  The Tenant is required to pay the Water Consumption Charges for the Property if:

The Tenant ‘s water service to the Property is individually metered (or water is delivered by vehicle), &

The Property is Water Efficient (see the Residential Tenancy Authority for information on Water Efficient devices and minimum ratings), &

The Tenancy Occupancy Agreement specifies an amount for Water Consumption that is payable by the Tenant

 

__  Tenant to pay for Water Consumption costs in excess of the reasonable amount agreed between the Tenant and the Landlord of …………………………………………………………………………………..

 

__  Tenant not required to pay an amount for water consumption


Item G

1.   Inclusions (for use by the Tenant/s)


(Insert inclusions, for example, furniture or other household goods let with the Property, as would be noted on the General Tenancy Occupancy Agreement. Attach list if necessary)


Item R

*Note to Owners: If no current Pool Safety Certificate is in effect the Client must obtain the certificate prior to entering into, altering, extending or renewing an Tenancy Occupancy Agreement with Tenants. Failure to do so will result in substantial penalties under the Building Act 1975.


Item W

APPOINTMENT SPECIAL CONDITIONS FOR THIS APPOINTMENT                                     Clause 21

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.


Item Y

Special Terms FOR AN TENANCY OCCUPANCY AGREEMENT                                   Clause 11.20

Any Special  Terms were inserted under instruction by the Client a party to this Appointment and where not prepared by the Client were prepared by an Australian Legal Practitioner, not by the Agent, who gives no warranty in respect of same & in accordance with the warning in Item (AC), legal advice should be sought as to the meaning and effect of such Special  Terms before signing any Occupancy Agreement.


Item AB

AGREED NOTICE PERIOD                                                                                               Clause 19.1

Agreed notice (if less than 90 days) is……………………………………………. days.


Clause 1(1)

Agreement: any general tenancy or other agreement with respect to the letting of the Property complying with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 as amended.


Clause 1(15)

Occupancy Agreement: any general tenancy or other letting agreement with respect to residential Property complying, unless excluded by the Act, with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 as amended.


Clause 1(19)

Tenant: is the person to whom the right to occupy the Property under an Occupancy Agreement is given.


Clause 2.3

Where details as to the type of appointment are not completed in Part 4.2 of the attached PAMD Form 20a 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 4.2 of the attached PAMD Form 20a, the Appointment ends on the date specified in a notice given

(1)

by either party in accordance with Clause 19 of this Appointment.

(2)

by the Client in accordance with Clause 9 of this Appointment.



Clause 5

Occupancy Tenancy Agreement

The Client will be in breach of this Appointment should the Client fail to observe the provisions of any Occupancy Agreement entered into during the term of this Appointment under the Residential Tenancies and Rooming Accommodation Act 2008 as amended. In the case of a breach which results in termination of the Occupancy Agreement the Client must pay to the Agent:

(1)

all Commission and Fees then due and owing to the Agent

(2)

the Commission and Fees payable in respect of any balance of the term (not to exceed six months), of such Occupancy Agreement subject to the Agent taking reasonable steps to mitigate any loss.



Clause 8.1(4)

after an Occupancy Agreement is signed, sufficient keys to the Property are provided to the Agent and Tenant/s for each lock


Clause 8.1(9)

where Item (R)(2) applies that a current Pool Safety Certificate is in effect prior to entering into, altering, extending or renewing an tenancy Occupancy Agreement with tenants for the Property.


Clause 8.2

The Client warrants it is the owner of the Property, the description in PAMD Form 20a Part (3) of the Appointment is correct and the Client has full authority to enter into all Occupancy Agreements.


Clause 10.4

The Client acknowledges once an Occupancy Agreement has been entered into by the Client and Tenant the Agent is limited to its obligations under this Appointment.


Clause 10.5

The Client authorises and directs the Agent to let, re-let (as necessary) and manage such letting of the Property at a rent authorised by the Client or failing such authorisation for a fair and reasonable rent as determined by the Agent, unless otherwise instructed by the Client in Item (K).


Clause 10.10

The Client authorises the Agent to remove from the Property any Tenant/s whose behaviour is considered unlawful or in breach of the Occupancy Agreement by which the Tenant occupies the Property.


Clause 11.8

Where the Agent is authorised to perform the Client’s duties in respect to Permanent Letting, the Agent is authorised to apply to the Residential Tenancies Authority for payment of the Tenant’s bond to recover all monies including unpaid rent under the Occupancy Agreement.


Clause 11.9

The Agent is to collect and receive all monies payable (rent, bond and otherwise) under any Occupancy Agreement entered into pursuant to this Appointment.


Clause 11.17

The Agent will advise the Client upon the termination of any Occupancy Agreement and/or vacancy of the Property.


Clause 11.18

The Agent is authorised to, and in so doing may, on obtaining written instruction from the Client, use independent legal services, to recover monies due and unpaid by the Tenant subject to the Occupancy Agreement.


Clause 11.20

The Agent will, subject to the Client’s written instructions and in compliance with Applicable Legislation, negotiate, finalise and where necessary, execute on behalf of the Client any Occupancy Agreement or any amendments or variations thereto, including any other documents in relation to the Occupancy Agreement arising from this Appointment.


Clause 11.21

The Agent must immediately notify the Client in writing if the Agent becomes aware of a Tenant’s breach that in the Agent’s opinion is a fundamental breach of the Occupancy Agreement.


Clause 14.1

Should the Property be subject to Building Units and Group Titles Legislation, the Agent is authorised and directed to deal in all matters relevant to this Appointment and any Occupancy Agreement entered into under the authority of this Appointment with the relevant Body Corporate.


Clause 15.1

The Client will comply with all obligations with respect to condition reports and inspection required by the Residential Tenancies and Rooming Accommodation Act 2008 or the Occupancy Agreement.


Clause 17.1

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

(a)

the Client's failure to comply with this Appointment and/or Applicable Legislation; or

(b)

the Client's failure to give the Agent prompt and 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 Occupancy Agreement at no fault of the Agent; or

(d)

the Tenant’s failure to comply with his/her obligations under Applicable Legislation with respect to the occupation; or

(e)

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

(f)

the Client’s failure to comply with Clause 17.2; or

(g)

any loss arising from injury to person or damage to property howsoever caused (except in the case of negligence on the part of the Agent).


The Agent will be compensated by the Client, in respect of any loss sustained by the Agent and arising out of this Appointment or resultant upon any act, omission or negligence on the part of the Client.


Clause 17.2

The Client acknowledges that the Agent is acting only as a licensed letting and/or managing 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 (see Clause 15) 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, notwithstanding the Agent’s obligations under Clause 15.


Clause 19.1

Each Either party may terminate this Appointment by giving notice in accordance with the terms of Part (4.2) of the attached PAMD Form 20a unless not specified in the said PAMD Form 20a in which case Termination shall be in accordance with Section 133 (4) (b) of the Property Agents and Motor Dealers Act 2000. for the time specified therein or such time as is otherwise specified in Item (AB) of the Item Schedule.


Clause 19.2

In the event of the Client committing to sell or transfer the Property the Client will terminate this Appointment in accordance with Clause 9 of this Appointment.


Clause 21

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. All Special Conditions must be in compliance with the Residential Tenancies and Rooming Accommodation Act 2008.


Clause 22.2

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 an Occupancy 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 and administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.


 

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.


Terms Heading

Terms of Appointment

(being a schedule to and forming part of the approved PAMD Form 20a form)


Clause 24

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 20a form.

 

30 Jul 2012 v3.1

Additions / Changes:


Clause 16

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.


Clause 17.1

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


Clause 17.1(g)

any loss arising from injury to person or damage to property howsoever caused (except in the case of negligence on the part of the Agent)


Clause 22.2(2)

property data collection agencies; and/or

 

01 Jan 2012 v3.0

Additions / Changes:


Clause 1(2)

Applicable Legislation: Reference to Applicable 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, Queensland Building Services Authority Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Workplace Health and Safety Act 2011 1995, Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2002, Fair trading Act 1989, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and Competition and Consumer Act 2010(Cth).


Clause 8.1(5)

compliance with the Fire and Rescue Service Act 1990 Part 9A, Division 5A (installation and maintenance of smoke alarms see Item (Q) of the Item Schedule)


Clause 10.3

The Client does not rely on the Agent to determine the financial or credit suitability of any prospective Tenant/s beyond the details set out or obtained in accordance with the Application for Tenancy used by the Agent.


Clause 10.12

Notwithstanding the Agent's responsibility to refer suitable Tenant's based on the Agent's standard Application for Tenancy, final approval shall at all times be the responsibility of the Client as Landlord.


Clause 11.1

Except as otherwise authorised by the Client, the Agent will be responsible for locating and introducing to the Client suitable prospective tenants in accordance with the criteria detailed in the Agent’s Application for Tenancy so as to enable the Client to make an informed decision as to the suitability of the prospective tenants.


Clause 11.4

The Agent must where required or necessary, organise repairs, service and maintenance (utilising where appropriate a licensed tradesperson) and where possible utilise those services of the persons detailed in Item (N) of the Item Schedule.


Clause 11.13

Where the Agent is authorised and directed to perform the Client’s duties in respect of matters detailed in Clause 8.1 to the Fire and Rescue Service Act 1990 (installation and maintenance of smoke alarms) the Agent is authorised and reserves the right to employ the services of a suitably licensed tradesperson to carry out such requirements and bill the cost thereof to the Client.


Clause 11.14

When appointing tradespersons the Agent must exercise proper due diligence and in so doing, except in the case of negligence on the part of the Agent, will not be liable for loss or damage caused by or resultant upon the tradespersons carrying out works.


Clause 15.3

If the Agent is required under Clause 15.2 to provide an Inspection Report, the Client will accompany the Agent on inspection of the Property if specified in Item (J) of the Item Schedule.


Clause 16

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.


Clause 23

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 Appointment.

 

07 Jul 2011 v2.9

Additions / Changes:


Item R

__

Shared Pool (eg. Owned by a Body Corporate in a complex) – Property to be leased with one of the following:

__  Current Pool Safety Certificate       Certificate No.: …………….....   Expiry Date: …../….../……

__  Form 36 – Notice of no pool safety certificate

__

Non-Shared Pool* (eg. Owned by the owner of the Premises) – Property cannot be leased without a Current Pool Safety Certificate:      Certificate No.: …………….....   Expiry Date: …../….../……

*Notes to Owners:

(1) From 8 January 2011 until 8 July 2011 (Exemption Period) owners are exempt from the compulsory obligation to obtain a Pool Safety Certificate prior to leasing the Premises.  Owners must however give a tenant, before entering into a tenancy agreement, a Form 37 – Notice of no pool safety certificate (accommodation agreement, non-shared pool).

(2) From 9 July 2011 - If no current Pool Safety Certificate is in effect the Client must obtain the certificate prior to entering into, altering, extending or renewing a Tenancy Agreement with Tenants. Failure to do so will result in substantial penalties under the Building Act 1975.


Clause 8.1(9)

where Schedule Item (R)(2) applies (except where an exemption, or the exemption period applies) ensure that a current Pool Safety Certificate is in effect prior to entering into, altering, extending or renewing a tenancy agreement with tenants for the Property.


Clause 10.12

Where the Agent in accordance with its obligations and authority engages the services of tradespeople, the Client acknowledges that where individuals are paid under a contract that is wholly or principally for their labour, provision must be made for superannuation contributions.  These people are considered employees for super guarantee purposes.


Clause 11.3

The Agent must where required or necessary, organise repairs, service and maintenance (utilising where appropriate a licenced trades person) and where possible utilise those services of the persons detailed in Item (N) of the Item Schedule.

Note: The Client acknowledges that where a self-employed tradesperson is paid under a contract that is wholly or principally for their labour, provision should be made for superannuation contributions as individual tradespersons could be considered employees for super guarantee purposes.


Clause 21

21.1

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.

21.2

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; and/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 Agent’s products and services and complying with legislative and regulatory requirements.

21.3

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

21.4

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.


Clause 22

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.

 

21 Feb 2011 v2.8

Additions / Changes:


Item R

__

Shared Pool (eg. Owned by a Body Corporate in a complex) – Property to be leased with one of the following:

__  Current Pool Safety Certificate       Certificate No.: …………….....   Expiry Date: …../….../……

__  Form 36 – Notice of no pool safety certificate

Note:  A unit dwelling containing a shared pool cannot be let unless a Pool Safety Certificate is in effect or a Form 36 – Notice of no pool safety certificate is first provided to the Tenant/s.

__

Non-Shared Pool* (eg. Owned by the owner of the Premises) – Property cannot be leased without a Current Pool Safety Certificate:      Certificate No.: …………….....   Expiry Date: …../….../……

*Notes to Owners:

(1) From 8 January 2011 until 8 July 2011 (Exemption Period) owners are exempt from the compulsory obligation to obtain a Pool Safety Certificate prior to leasing the Premises.  Owners must however give a tenant, before entering into a tenancy agreement, a Form 37 – Notice of no pool safety certificate (accommodation agreement, non-shared pool).

(2) From 9 July 2011 - If no current Pool Safety Certificate is in effect at the time of signing this Appointment, the Client must obtain the certificate one prior to entering into, altering, extending or renewing a Tenancy Agreement with Tenants. Failure to do so will result in substantial penalties under the Building Act 1975. and the Building Regulation 2006.


Item AA

If left blank, will be the later of the date of the last party (Client or Agent) signing.

(a) the date the Client signs the Appointment

(b) the date the Agent signs the Appointment


Clause 8.1(9)

where Schedule Item (R)(2) applies (except where an exemption, or the exemption period applies) that a current Pool Safety Certificate is in effect prior to entering into, altering, extending or renewing a tenancy agreement with tenants for the Property.

 

01 Jan 2011 v2.7

Additions / Changes:


Clause 1(2)

Reference to Applicable 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, Queensland Building Services Authority Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Workplace Health and Safety Act 1995, Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2002, Fair trading Act 1989, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008  and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and The Trade Practices Act 1974 Competition and Consumer Act 2010 (Cth).

 

01 Dec 2010 v2.6        

Additions / Changes:


Item D

Fee Type

Fee* (GST Inclusive)

(Specify $ or %)

Inc. GST


Item E

Water: (Water Consumption Charges are only payable if the Property is separately metered)

From 1st April 2008 new laws apply with respect to Water Consumption Charges under the Residential Tenancies Act 1994.

 

The Property is/is not water efficient in accordance with Section 22 of the Residential Tenancies & Rooming Accommodation Regulation 2009.

 

Tick only one of the boxes below:

 

__  The Tenant is required to pay the Water Consumption Charges for the Property if:

The Tenant ‘s water service to the Property is individually metered (or water is delivered by vehicle), &

The Property is Water Efficient (see the Residential Tenancy Authority for information on Water Efficient devices and minimum ratings), &

The Tenancy Agreement specifies an amount for Water Consumption that is payable by the Tenant

 

__  Tenant to pay for Water Consumption costs in excess of the reasonable amount agreed between the Tenant and the Landlord of …………………………………………………………………………………..

 

__  Tenant not required to pay an amount for water consumption


Item R

The Property is/ is not water efficient in accordance with Section 22 of the Residential Tenancies & Rooming Accommodation Regulation 2009.


Item R

__

Shared Pool (eg. Owned by a Body Corporate in a complex) – Property to be leased with one of the following:

__  Current Pool Safety Certificate       Certificate No.: …………….....   Expiry Date: …../….../……

__  Form 36 – Notice of no pool safety certificate

Note:  A unit dwelling containing a shared pool cannot be let unless a Pool Safety Certificate is in effect or a Form 36 – Notice of no pool safety certificate is first provided to the Tenant/s.

__

Non-Shared Pool (eg. Owned by the owner of the Premises) – Property cannot be leased without a Current Pool Safety Certificate:      Certificate No.: …………….....   Expiry Date: …../….../……

Note: If no current Pool Safety Certificate is in effect at the time of signing this Appointment, the Client must obtain one prior to entering into, altering, extending or renewing a Tenancy Agreement with Tenants. Failure to do so will result in substantial penalties under the Building Act 1975 and the Building Regulation 2006.


Item W

Note

The Special Conditions are inserted under instruction from a party to this Appointment 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 Z

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 AB

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(16)

Pool Safety Certificate: means the certificate issued with respect to a Regulated Pool (shared or non-shared) that complies with the Pool Safety Standards in accordance with Chapter 8 of the Building Act 1975.

Note: For Shared Pools – a Pool Safety Certificate is valid for one year. For Non-shared Pools – a Pool Safety Certificate is valid for two years.


Clause 1(17)

Regulated Pool: where used in this document has the same meaning as given to it by Section 231B of the Building Act 1975.


Clause 8.1(8)

Where the Property contains a Regulated Pool (shared or non-shared), compliance with its obligations under Chapter 8 of the Building Act 1975 in respect to pool safety.


Clause 8.1(9)

where Item (R)(2) applies, ensure that a current Pool Safety Certificate is in effect prior to entering into, altering, extending or renewing a tenancy agreement with tenants for the Property.


Clause 16

If GST is not ticked in Item (D) of the Item Schedule then GST shall be payable in addition to the listed Fees and/or Charges.


Clause 21

21.1

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.

21.2

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

21.3

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 22

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 Mar 2010 v2.5

Additions / Changes:


Item Q (3)

The Client does/does not authorise the Agent to perform the Client’s duties in respect to smoke alarms.

Client’s Initials: ……………….


Clause 10.8

The Client must comply with meet the requirements of the Fire and Rescue Service Act 1990 and the Building Fire Safety Regulation 2008 together with all relevant acts, legislation, by-laws, rules & regulations local, state and federal.


Clause 10.12

Where the Agent in accordance with its obligations and authority engages the services of tradespeople, the Client acknowledges that where individuals are paid under a contract that is wholly or principally for their labour, provision must be made for superannuation contributions. These people are considered employees for super guarantee purposes.


Clause 11.7

Where the Agent is authorised to perform the Client’s duties in respect to the Fire and Rescue Service Act 1990 (installation and maintenance of smoke alarms) the Agent reserves the right to employ the services of a licensed tradesperson and bill the cost thereof to the Client.


Clause 23

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

 

10 Sep 2009 v2.4

Additions / Changes:


Item R

The Property is / is not water efficient in accordance with Section 22 of the Residential Tenancies & Rooming Accommodation Regulation 2009.

 

26 Aug 2009 v2.3

Additions / Changes:


PAMD Form

Changes made to the PAMD Form 20a as per the Warning Message, when opening the form, within the ADLForms program.


Item F

__  Tenant to pay for Water Consumption costs in excess of the reasonable amount of water use agreed between the Tenant and the Landlord of

…………………………………………………………………………………..........................................


Item R

The Property is / is not water efficient in accordance with Section 22 of the Residential Tenancies & Rooming Accommodation Act 2008.


Item S

The Agent named in Part 2 of the attached PAMD Form 20a is acting in conjunction with the Agent/s below:

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

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


Clause 18

If an Electrical Safety Switch is not installed on the Property or was installed prior to 1st June, 1992, the Client must install an approved new Electrical Safety Switch by the earlier of:

(a)  6 months after a Tenancy Agreement is entered into; or

(b)  the end of  29th February, 2008.

(See Section 80A of the Electrical Safety Regulation 2002)


Clause 23

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 & email addresses).

 

21 July 2009 v2.2

Temporarily reverted back to PAMD Form 20a V4 due to issues in regards to the boxed Licence Expiry field

 

16 July 2009 v2.1

Changes as per Office of Fair Trading

 

01 July 2009 v2.0

Additions / Changes:


Item F

Water: (Water Consumption Charges are only payable if the Property is separately metered)

From 1st April 2008 new laws apply with respect to Water Consumption Charges under the Residential Tenancies and Rooming Accommodation Act 2008.


Clause 1(1)

Agreement: any general tenancy or other agreement with respect to the letting of the Property complying with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 as amended.


Clause 1(2)

Applicable Legislation: Reference to Applicable 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, Queensland Building Services Authority Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Workplace Health and Safety Act 1995, Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2002, Fair trading Act 1989, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and The Trade Practices Act 1974.


Clause 1(11)

Condition Report: a report in compliance with Section 65 or Section 66 of the Residential Tenancy and Rooming Accommodation Act 2008.


Clause 5

The Client will be in breach of this Appointment should the Client fail to observe the provisions of any Agreement entered into during the term of this Appointment under the Residential Tenancies and Rooming Accommodation Act 2008 as amended. In the case of a breach which results in termination of the Agreement the Client must pay to the Agent:


Clause 10.8

The Client must meet the requirements of the Fire and Rescue Service Act 1990 and the Building Fire Safety Regulation 2008 together with all relevant acts, legislation, by-laws, rules & regulations local, state and federal.


Clause 11.12

In respect to the Fire and Rescue Service Act 1990 (installation and maintenance of smoke alarms) the Agent reserves the right to employ the services of a licensed tradesperson and bill the cost thereof to the Client.


Clause 15.1

The Client will comply with all obligations with respect to condition reports and inspection required by the Residential Tenancies and Rooming Accommodation Act 2008 or the Agreement.


Clause 17.2

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 (see Clause 15) 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, notwithstanding the Agent’s obligations under Clause 15.


Clause 21

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.  All Special Conditions must be in compliance with the Residential Tenancies and Rooming Accommodation Act 2008.

 

22 Sept 2008 v1.9

Additions / Changes:


Item U

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


Item X

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

 

11 July 2008 v1.8

Additions / Changes:


Clause 10.7

it has public liability insurance and is covered for a minimum of 10 million dollars, in addition to any insurance provided by a body corporate for common areas. Such policy must be maintained for the term of this Appointment and the Client must upon request provide a certificate annually confirming the currency of such policy.

 

13 May 2008 v1.7

Additions / Changes:


Item F

Where the Tenant is responsible for payment of Water Consumption Charges a copy of the water rates notice must be provided.

 

08 Apr 2008 v1.6

Additions / Changes:


Item B

Rent Collection: (Refer to Property Agents and Motor Dealers Regulation 2001, Schedule 1A,  Sections 33(1)(a) and 33(1)(b))

 

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1A,  Sections 32(1)(a) and 32(1)(b))


Item F

Water: (Water Consumption Charges are only payable if the Property is separately metered)

From 1st April 2008 new laws apply with respect to Water Consumption Charges under the Residential Tenancies Act 1994.

 

Tick only one of the boxes below:

 

The Tenant is required to pay the Water Consumption Charges for the Property if:

The Tenant ‘s water service to the Property is individually metered (or water is delivered by vehicle), &

The Property is Water Efficient (see the Residential Tenancy Authority for information on Water Efficient devices and minimum ratings), &

The Tenancy Agreement specifies an amount for Water Consumption that is payable by the Tenant

 

Tenant to pay for Water Consumption costs in excess of the reasonable amount agreed between the Tenant and the Landlord of …………………………………………………………………………………..

 

Tenant not required to pay an amount for water consumption


Clause 1(19)

Water Consumption Charge: is the variable part of a water service charge assessed on the volume of water supplied to the Property.

 

28 Feb 2008 v1.5

Additions / Changes:


Item B

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1,  Sections 32(1)(a) and 32(1)(b))


DOLLAR AMOUNT

PERCENTAGE

COMMISSION:

......................................................................

...........................

GST:

......................................................................

...........................

TOTAL PAYABLE:

......................................................................

...........................

COMMENTS:

.......................................................................................................

 

13 Feb 2008 v1.4

Additions / Changes:


Item B

YOU MUST EXPRESS THE COMMISSION IN BOTH FORMATS

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

(1) Permanent Letting:


DOLLAR AMOUNT

PERCENTAGE

COMMISSION:

......................................................................

...........................

GST:

......................................................................

...........................

TOTAL PAYABLE:

......................................................................

...........................

COMMENTS:

.......................................................................................................

(2) Holiday Letting:


DOLLAR AMOUNT

PERCENTAGE

COMMISSION:

......................................................................

...........................

GST:

......................................................................

...........................

TOTAL PAYABLE:

......................................................................

...........................

COMMENTS:

.......................................................................................................

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1,  Sections 32(1)(a) and 32(1)(b))


DOLLAR AMOUNT

PERCENTAGE

COMMISSION:

......................................................................

...........................

GST:

......................................................................

...........................

TOTAL PAYABLE:

......................................................................

...........................

COMMENTS:

.......................................................................................................


Item C

Item Reformatted


Clause 2.3

The Agent is authorised to contact the Client in respect of other services which may be of interest or benefit to the Client.


Clause 6.2

Notwithstanding the monetary amounts listed in Part (5) of the PAMD Form 20a and Item (B) of the Item Schedule, the actual amount of Commission will be calculated based on the percentage set out in Part (5) of the PAMD Form 20a. (Item (B) of the Item Schedule)


Clause 8.1(5)

a minimum of one phone line is connected to the Property.

 

04 Feb 2008 v1.3

Changes as per Office of Fair Trading

 

15 Nov 2007 v1.2

Additions:


Item X

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 v1.1

Additions:


Clause 24

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 20a form.

Changes:


Terms Heading

Terms of Appointment (being a schedule to and forming part of the approved PAMD 20a form)