PO Form 6 - Permanent Letting &/or Management (excluding Insurance Item) - AUQLDREPMA02

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

 

04 Oct 2017

Additions / Changes:

 

Replaced by AUQLDREPMA01.

 

14 Aug 2017 v2.1

Additions / Changes:

 

Government copyright statement inserted.

 

13 Feb 2017 v2.0

Additions / Changes:

 

Item W

APPOINTMENT TYPE   (Where Item W 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

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

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.

 

Item W

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 1

Definitions moved from Clause 21 to Clause 1.

 

Clause 1(1)

Applicable Legislation: Reference to relevant Legislation includes Queensland Government Legislation generally but particularly the Property Occupations Act 2014, regulations and amendments thereto, includingBody Corporate and Community Management Act 1997, Building Act 1975, Property Law Act 1974, the Building Code of Australia, the Anti-Discrimination Act 1991, Queensland Building and Construction Commission Act 1991, Electrical Safety Regulation 2013, Fair Trading Act 1989, Fire and Emergency Services Act 1990, Building Fire Safety Regulation 2008, Residential Tenancies and Rooming Accommodation Act 2008 as amended and the Work Health and Safety Act 2011 and Commonwealth Legislation including A New Tax System (Goods and Services Tax) Act 1999 and Competition and Consumer Act 2010 (Cth).

 

Clause 2

Exclusive Appointment

2.1

By signing this Appointment the Client 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.

2.2

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 W):

(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 W):

(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 W):

(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 13.1

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 General Tenancy 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 9.9

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 16

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 20

Related Documents/Notices

20.1

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

20.2

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 20.2(a) to (d) above.

20.3

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.

20.4

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.

20.5

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

20.6

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.

20.7

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.

20.8

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

 

Clause 21

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(2)

Appointment: the 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 21(6)

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 21(12)

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

 

11 Jun 2015 v1.4

Copyright statement updated.

 

13 May 2015 v1.3

Additions / Changes:

 

Clause 10.3

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 10.4

Where the Agent is authorised and directed to carry out the Client’s duties in respect of matters detailed in Clause 7.1 & 7.2 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 14.1(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 16

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 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.

 

18 Dec 2014 v1.2

Additions / Changes:

 

Item Schedule Header

Item Schedule - Residential Letting &/or Management

 

Item T

ADDITIONAL INSTRUCTIONS

 

Item U

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 V

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 V(1).

 

Terms of Appointment Header

Terms of Appointment – Residential Letting &/or Management

 

Clause 2

2.1

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.

2.2

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 2.2

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 5.3

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

 

Clause 6

6.1

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 (D) & (E) in the Item Schedule.

6.2

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 10.22

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 14(g)

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

 

Clause 14(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 16

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 19

19.1

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 all relevant legislation.

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 22(5)

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

 

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

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.

 

Item D

             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

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.

 

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))


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

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 X

DATE OF COMMENCEMENT OF APPOINTMENT

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

 

Item Y

AGREED NOTICE PERIOD

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

 

Clause 1.4

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 1.5

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 17 of this Appointment.

(2)

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

 

Clause 1.6

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 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 6

6.1

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)

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)

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 7

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 11.2

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 11.9

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

 

Clause 11.21

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 rent the Property.

 

Clause 16

If an Electrical Safety Switch is not installed on the Property the Client must install an approved Electrical Safety Switch. (See Section 81 of the Electrical Safety Regulation 2013 2002)

 

Clause 17.1

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 Y of the Item Schedule.

 

Clause 17.4

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 18

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

 

Clause 22(1)

Applicable Legislation: 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  2001, Property Law Act, Queensland Building and Construction Commission Act 1991, A New Tax System (Goods & Services Tax) Act 1999, Electrical Safety Regulation 2013 2002, Fire and Emergency Services Act 1990, Building Fire Safety Regulation 2008, the Residential Tenancies and Rooming Accommodation Act 2008 as amended and the Work Health & Safety Act 2011.

 

Clause 22(2)

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

 

Clause 22(4)

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

 

Clause 23

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 v5.5

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 7.1(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 9.8

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.


Clause 21(1)

Applicable Legislation: 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, Property Law Act, Queensland Building and Construction Commission Act 1991, A New Tax System (Goods & Services Tax) Act 1999, Electrical Safety Regulation 2002, Fire and Emergency Rescue Services Act 1990, Building Fire Safety Regulation 2008, the Residential Tenancies and Rooming Accommodation Act 2008 as amended and the Work Health & Safety Act 2011.

 

12 Mar 2014 v5.4

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 General Tenancy 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.

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.

 

13 Jan 2014 v5.3

Additions / Changes:


Clause 10.17

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 21(1)

Applicable Legislation: 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, Property Law Act, Queensland Building and Construction Commission Act 1991, A New Tax System (Goods & Services Tax) Act 1999, Electrical Safety Regulation 2002, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008, the Residential Tenancies and Rooming Accommodation Act 2008 as amended and the Work Health & Safety Act 2011.


Clause 21(3)

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

 

24 Sep 2013 v5.2

Additions / Changes:


Clause 7.1(5)

a minimum of one phone line is available to be connected to the Property. (Note: costs associated with the connection of the service are the responsibility of the Tenant, unless otherwise specified)

that telephone lead-in work (cabling) is completed to the premises to enable the tenant to connect a basic telephone service.

 

02 Sep 2013 v5.1

Additions / Changes:


Item F

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 General 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

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


Item U

APPOINTMENT SPECIAL CONDITIONS FOR THIS APPOINTMENT                                     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.


Item V

Special Terms FOR A GENERAL TENANCY AGREEMENT                                           Clause 10.11

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 (Z), legal advice should be sought as to the meaning and effect of such Special  Terms before signing any General Tenancy Agreement.


Item Y

AGREED NOTICE PERIOD                                                                                               Clause 16.1

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


Clause 1.4

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 1.5

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 16 of this Appointment.

(2)

by the Client in accordance with Clause 8 of this Appointment.



Clause 7.2(5)

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


Clause 7.3

The Client warrants it is the owner of the Property and has full authority to enter into all General Tenancy Agreements.


Clause 9.4

The Client acknowledges once a General Tenancy Agreement has been entered into by the Client and tenant the Agent is limited to its Obligations under this Appointment.


Clause 9.5

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


Clause 10.11

The Agent will, subject to the Residential Tenancies and Rooming Accommodation Act 2008 and other Applicable Legislation, negotiate, finalise and where necessary, execute on behalf of the Client any General Tenancy Agreement or any amendments or variations thereto, including any other documents in relation to the tenancy arising from this Appointment.


Clause 10.12

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


Clause 10.18

The Agent must immediately notify the Client in writing if the Agent becomes aware of a tenant's breach, which is in the Agent’s opinion a fundamental breach of the General Tenancy Agreement.


Clause 10.20

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 General Tenancy Agreement.


Clause 11.1

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 General Tenancy Agreement.


Clause 12.1

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 General Tenancy Agreement entered into under the authority of this Appointment with the relevant Body Corporate.


Clause 14.1

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 from:

(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 General Tenancy Agreement, at no fault of the Agent; or

(d)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies and Rooming Accommodation Act 2008 and or other Applicable Legislation; or

(e)

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

(f)

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 14.2

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 11) or as bought to their attention as letting 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 11.


Clause 16.1

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 (Y) of the Item Schedule.


Clause 16.2

In the event of the Client committing to sell or transfer the Property the Client will terminate this Appointment in accordance with Clause 8 of this Appointment.


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


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 General Tenancy 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 v5.0

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 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 PAMD Form 20a form.

 

30 Jul 2012 v4.9

Additions / Changes:


Clause 13

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 14.1

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 14.1(f)

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 19.2(2)

property data collection agencies; and/or

 

01 Jan 2012 v4.8

Additions / Changes:


Clause 7.1(6)

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 9.3

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


Clause 9.7

The Agent having established criteria for Tenant selection, if the Agent has approved a Tenant and the Client disagrees, the Client takes sole responsibility for any action that may follow as a result of that decision.

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 10.1

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 10.3

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


Clause 10.4

Where the Agent is authorised and directed to carry out perform the Client’s duties in respect of matters detailed in Clause 7.1 & 7.2 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 10.5

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 11.3

If the Agent is required under Clause 11.2 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 13

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 20

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


Clause 21(1)

Applicable Legislation: 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, Property Law Act, Electrical Safety Regulation 2002, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008, and the Residential Tenancies and Rooming Accommodation Act 2008 as amended and the Work Health & Safety Act 2011.

 

07 Jul 2011 v4.7

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 7.2(5)

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 9.9

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 10.2

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 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; 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.

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 such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant 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.

 

21 Feb 2011 v4.6

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 X

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 7.2(5)

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.

 

01 Dec 2010 v4.5

Additions / Changes:


Item D

Fee Type

Fee* (GST Inclusive)

(Specify $ or %)

Inc. GST


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.

 

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 U

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 W

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 Y

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 7.1(7)

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 7.2(5)

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 10.8

The Agent must account in writing to the Client with respect to 10.11and those monies paid or used by the Agent carrying out the Agent’s Obligations under this Appointment.


Clause 10.11

The Agent must account in writing to the Client with respect to Clause 10.10 and those monies paid or used by the Agent carrying out the Agent’s Obligations under this Appointment.


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 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.


Clause 20(9)

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 20(10)

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

 

26 Mar 2010 v4.4

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 9.8

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 9.9

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 10.3

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 20

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 v4.3

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 v4.2

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 14

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 20

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 v4.1

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

 

16 July 2009 v4.0

Changes as per Office of Fair Trading

 

01 July 2009 v3.9

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.


Item T

Special Terms Required by THE Landlord


Clause 4

The Client will be in breach of this Appointment should the Client fail to observe the provisions of any General Tenancy or other 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 General Tenancy Agreement the Client must pay to the Agent:


Clause 7 (Header)

Client’s Obligations Regarding Tenancy (Refer to the Residential Tenancies and Rooming Accommodation Act 2008, S185 for obligations generally)


Clause 7.1(4)

after the General Tenancy Agreement is signed sufficient keys to the Property are provided to the Agent and Tenant/s for each lock as provided in accordance with Section 210 of the Residential Tenancies and Rooming Accommodation Act 2008.


Clause 9.9

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 10.3

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 10.10

The Agent will, subject to the Residential Tenancies and Rooming Accommodation Act 2008 and other Applicable  Legislation, negotiate, finalise and where necessary, execute on behalf of the Client any Tenancy Agreement or any amendments or variations thereto, including any other documents in relation to the tenancy arising from this Appointment.


Clause 11.1

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 Tenancy Agreement.


Clause 13.1(d)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies and Rooming Accommodation Act 2008 and or other Applicable Legislation; or


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 (see Clause 11) or as bought to their attention as letting 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 11.


Clause 18

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 21(1)

Applicable Legislation: 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, Property Law Act, Electrical Safety Regulation 2002, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and the Residential Tenancies and Rooming Accommodation Act 2008 as amended.


Clause 21(5)

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


Clause 21(7)

General Tenancy 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.

 

22 Sept 2008 v3.8

Additions / Changes:


Item S

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


Item U

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

 

11 July 2008 v3.7

Additions / Changes:


Clause 9.6

The Client must have public liability insurance and be 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 v3.6

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 v3.5

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 21(11)

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 v3.4

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 v3.3

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))


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 1.3

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


Clause 5.2

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 7

Client’s Obligations Regarding Tenancy (Refer to the Residential Tenancies Act 1994, S103 for obligations generally full details)


Clause 7.1(5)

a minimum of one phone line is available to be connected to the Property. (Note: costs associated with the connection of the service are the responsibility of the Tenant, unless otherwise specified)

 

04 Feb 2008 v3.2

Changes as per Office of Fair Trading

 

15 Nov 2007 v3.1

Additions:


Item U

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 v3.0

Additions:


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 PAMD 20a form.

Changes:


Terms Heading

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

 

 

06 July 2007 v2.9

Changes:


Clause 13.1

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 from:

(a)

the Client's failure to comply with this Appointment; 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 Tenancy Agreement, at no fault of the Agent; or

(d)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 1994 and or other Applicable Legislation; or

(e)

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

(f)

any loss arising from injury to person or damage to property howsoever caused other than from negligence or default on the part of the Client.

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

 

25 Jun 2007 v2.8

Changes:


Item U

Prior to signing the Agent should sight the Client’s Public Liability certificate of currency.

 

28 May 2007 v2.7

Additions:


Item R

ADDITIONAL INSTRUCTIONS

 

11 May 2007 v2.6

Additions:


Item Q

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

2) Service and maintenance of smoke alarms:

   (a) Date smoke alarm last tested and cleaned: …../…../……

   (b) Date smoke alarm batteries last changed: …../…../……

   (c) Service life as indicated by the manufacturer’s warranty: …………………………..

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

{From 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 Rescue Service Act 1990 as amended}


Clause 8

In the event of the Property being transferred by the Client:

(1)

the Client will forthwith inform the Agent in writing of the Real Estate Agent appointed to sell the Property.

(2)

the Client will promptly notify the Agent of the signing of a contract and of the Client’s intention to terminate the Appointment giving the Agent not less than thirty days notice.


Clause 12.2

The Agent is authorised to obtain from the Body Corporate a copy of current by-laws.  A copy of such by-laws are to be provided to all Tenants by the Agent upon occupying the Property.


Clause 12.3

The Client must instruct the Body Corporate to provide the Agent with revised by-laws when and if such by-laws are amended.


Clause 15.3

Upon Termination of this Appointment the Client must pay, within the time period specified in Part (4) of the attached PAMD Form 20a, to the Agent all Fees and Commission then due and owing to the Agent.


Clause 16

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


Clause 21

In this Schedule the following terms mean:

(1)

Applicable Legislation: 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, Property Law Act, Electrical Safety Regulation 2002, Fire and Rescue Service Act 1990 and the Residential Tenancies Act 1994 as amended.

(2)

Appointment: the PAMD Form 20a Appointment to Act as Real Estate Agent including the whole of this document.

(3)

Building Work: refer to the Queensland Building Services Authority Act 1991, Schedule 2

(4)

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

(5)

Condition Report: a report in compliance with Section 42 or Section 42A of the Residential Tenancies Act 1994.

(6)

Fee: an amount charged by the Agent for a service provided.

(7)

General Tenancy Agreement: any general tenancy or other agreement with respect to the letting of the Property complying with the provisions of the Residential Tenancies Act 1994 as amended.

(8)

G.S.T: 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.

(9)

Tenant: is the person to whom the right to occupy the Property under a General Tenancy Agreement is given.

(10)

Utilities: services such as gas, electricity or water provided by a public utility.

Changes:


Item N

Electrical Repairs:   ……………………………………   Phone:  ..(……)……………...

Plumbing Repairs:   ……………………………………   Phone:  ..(……)……………...

Building Repairs:     ……………………………………   Phone:  ..(……)……………...

Other:                    ……………………………………   Phone:  ..(……)……………...


Clause 4

The Client will be in breach of this Appointment should the Client fail to observe the provisions of any General Tenancy or other agreement entered into during the term of this Appointment under the Residential Tenancies Act 1994 as amended. In the case of a breach which results in termination of the General Tenancy 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 General Tenancy Agreement subject to the Agent taking reasonable steps to mitigate any loss.

'General Tenancy Agreement' means any Tenancy Agreement with respect to the letting of the Property which Agreement will conform with the requirements of the Residential Tenancies Act 1994 as amended.


Clause 5.1

The Client will pay all Commission as more particularly detailed in Part (5) of the attached PAMD Form 20a.(Item (B) of the Item Schedule)


Clause 7.1

At the start of the tenancy the Client must ensure, at their own cost:

(1)

the Property and inclusions are clean and comply with local and state authority building and emergency services legislation regulations.

(2)

the Property is safe and fit for the Tenant/s to live in.

Note: Prior to occupancy the Landlord should have the Property inspected by someone with appropriate experience in house maintenance.

(3)

the Property and inclusions (including all locks and security fittings) are maintained and are in a reasonable state of repair.

(4)

after the General Tenancy Agreement is signed sufficient provide keys to the Property are provided to the Agent and Tenant/s for each lock as provided in accordance with Section 120 of the Residential Tenancies Act 1994.

(5)

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

(6)

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


Clause 10

10.1

The Agent will seek the Client's written approval before ordering repairs or maintenance in excess of the authorised amount specified in Part (6.3) of the attached PAMD Form 20a or any amount otherwise specified by the Client in writing.

10.2

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

10.3

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

10.4

Urgent repairs or maintenance particularly relating to the safety of person or property may be carried out at the Agent’s discretion if the Client is not readily contactable.

10.5

The Agent will take reasonable steps to ensure goods or services obtained for the Client are at competitive prices.

10.6

The Agent will not induce or attempt to induce, a breach of, or an interference with, a Contract between the Client and a tenant.

10.7

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

10.8

The Agent must account in writing to the Client with respect to 10.11 all monies collected, received,and those monies paid or used by the Agent carrying out the Agent’s Obligations under this Appointment.

10.9

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

10.10

The Agent will, subject to the Residential Tenancies Act 1994 and other Applicable relevant Legislation, negotiate, finalise and where necessary, execute on behalf of the Client any Tenancy Agreement or any amendments or variations thereto, including any other documents in relation to the tenancy arising from this Appointment.

10.11

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

10.12

The Agent will make all payments required under and in accordance with this Appointment and which the Agent may have an obligation to make as the Client's Agent. under any Tenancy Agreement.

10.13

The Agent is authorised to apply to will conduct all dealings with the Residential Tenancy Authority for payment of the Tenant’s bond to recover all monies including unpaid rent under the as defined under the Residential Tenancies Act 1994 to the extent provided under such Act, this Appointment, and any General Tenancy Agreement relevant to the Property.

10.14

The Agent will promptly respond to and, subject to the Client's written instructions, attend to all reasonable requests by the Client for service, maintenance of, and repairs to, the Property.

10.15

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

10.16

The Agent must immediately notify the Client in writing if the Agent becomes aware of a tenant's breach, which is in the Agent’s opinion a fundamental breach of the Tenancy Agreement.

10.17

In relation to expressions of interest the Agent will keep the Client advised of enquiries regarding the re-letting and letting of the Property.

10.18

The Agent is authorised to, and in so doing may use independent legal services, to recover monies due and unpaid by the Tenant subject to the General Tenancy Agreement.

10.19

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


Clause 13.1

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 from:

(a)

the Client's failure to comply with this Appointment; 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 Tenancy Agreement, at no fault of the Agent; or

(d)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 1994 and or other Applicable relevant acts and Legislation; or

(e)

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

(f)

any loss arising from injury to person or damage to property howsoever caused other than from negligence or default on the part of the Client.

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


Clause 18

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

 

16 Feb 2007 v2.5

Changes:


Item F

Gas:

Yes   No

............. %


Cable:

Yes   No

............. %

Electricity:

Yes   No

............. %


Telephone:

Yes   No

............. %

Water:

Yes   No

............................................................................................ %

Other:

Yes   No

............. %





 

12 Feb 2007 v2.4

Additions:


Clause 5.2

Notwithstanding the monetary amount listed in Part (5) of the PAMD Form 20a, 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)

 

18 Dec 2006 v2.3

Changes as per Office of Fair Trading

 

05 May 2006 v2.1

Additions:

 

Clause 1.2

The Agent is authorised to assign this Appointment provided such assignment is made in accordance with the terms and conditions of this Appointment.

 

19 Apr 2006 v2.0

Additions:

 

Item Q

An Electrical Safety Power Switch is/is not installed for general purpose socket outlets.

(A Licensed Electrician can advise in relation to this requirement)

 

Clause 14

If an Electrical Safety Switch is not installed on the Property or was installed prior to 1st June, 1992, the Client must install a 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)

Changes:


Clause 17

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, Property Law Act, Electrical Safety Regulation 2002 and the Residential Tenancies Act 1994 as amended.

 

12 Dec 2005 v1.8

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 v1.7

Changes:


Clause 3.1

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

Additions:


Item B

LETTING APPOINTMENT TYPE

 

All other Item Letters change accordingly


Clause 3.2

All appointments for the collection of rent and other property management services are Exclusive.

 

05 Oct 2005 v1.6

Changes:


Clause 6

The client will pay all Fees and Charges as detailed in Item (6) and Expenses as detailed in Item (7) of the attached 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 10.7

Clause Deleted

 

26 Sept 2005 v1.5

Additions:


Clause 7.1(2)

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

 

20 July 2005 v1.4

Changes as per Office of Fair Trading

 

17 Mar 2005 v1.3

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.

 

14 Feb 2005 v1.2

Changes:


Clause 10.2

The Agent must organise repairs and maintenance (ulitlising where necessary a licenced trades person) through a licensed trades person and where possible utilise those services of the persons detailed in Item O of the Items Schedule.

 

17 Jan 2005 v1.2

Changes:


PAMD Item 6

Note: The maximum amount of expenditure which a tenant may incur for emergency repairs is an amount equal to two weeks rent (S127 (1) Residential Tenancies Act 1994)

 

21 Dec 2004 v1.2

Changes:


Clause 14.1

Either party may terminate this Agreement shall be in accordance with the terms of Clause 4.2 of the attached PAMD 20a unless not specified in the said PAMD 20a in which case Termination shall be in accordance with Section 133 (4) (b) etc….

 

26 Oct 2004 v1.1

Changes:


Clause 3

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

 


Clause 13.1 (e)

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

Additions:


Item B Commision

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

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

 

17 Sept 2004 v1.1

Changes:


Item E

Add reference to Clause 10.7

 

16 Aug 2004 v1.1

Changes:


Clause 7.1 (4)

after the Tenancy Agreement is signed provide keys to the premises to the Agent and tenant/s for each lock as provided in accordance with Section 120 of the Residential Tenancy Act 1994.