PO Form 6 - Residential Sales - AUQLDREPSA01, AUQLDREPSA02, AUQLDREPSA03 & AUQLDREPSA04

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

 

01 Jul 2018

AU-QLD-RE-PS-A01 v2.3

AU-QLD-RE-PS-A02 v2.3

AU-QLD-RE-PS-A03 v2.3

AU-QLD-RE-PS-A04 v2.3

Additions / Changes:

 

Item A Note

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

 

Item G

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

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

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

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

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

 

Item H

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

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

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

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

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

 

Item Q

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

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

1.

__

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

1.

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


a)

a commission under each appointment:


b)

damages for breach of contract under the existing agents appointment.

2.

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


a)

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

    Appointment.


 

OR


b)

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

    Appointment.

3.

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


a)

a commission under each appointment; and


b)

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


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

 

Item T

GST WITHHOLDING

All sales of ‘residential property’ will require the Seller to complete a notice in accordance with section 14-255 of the Taxation Administration Act 1953 (Cth).

 

Clause 8.1

The Client agrees Commission will be due and payable:

(1)

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

(2)

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

(3)

pursuant to Clause 8.2.

 

Clause 8.2

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

(1)

any act or omission of the Client; or

(2)

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

(3)

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

the Client agrees the Commission is payable to the Agent forthwith.  Provided however, where Clause 8.2(3) applies, Commission will remain due but monies payable shall (subject to the Seller’s rights to claim damages for breach of contract) be limited to the receipted deposit monies.

 

Clause 12.1

In compliance with the Clients instructions and in accordance with the Property Occupations Form 6, The appointed Agent must keep the Client informed of:

(1)

any issues or other information relevant to the Property.; and

(2)

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

unless otherwise specified in writing by the Client.

 

07 May 2018

AU-QLD-RE-PS-A01 v2.2

AU-QLD-RE-PS-A02 v2.2

AU-QLD-RE-PS-A03 v2.2

AU-QLD-RE-PS-A04 v2.2

Additions / Changes:

 

Item S

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

 

Has the Client received from the ATO a:

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

 

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

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

 

Clause 1(9)

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

 

Clause 19

Related Documents / Notices / Electronic Communication

19.1

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

19.2

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


(1)

by delivering it to the party personally; or


(2)

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


(3)

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


(4)

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


(5)

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

19.3

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

19.4

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

19.5

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

19.6

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

19.7

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

19.8

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

 

14 Aug 2017

AU-QLD-RE-PS-A01 v2.1

AU-QLD-RE-PS-A02 v2.1

AU-QLD-RE-PS-A03 v2.1

AU-QLD-RE-PS-A04 v2.1

Additions / Changes:

 

Government copyright statement inserted.

 

01 Jul 2017

AU-QLD-RE-PS-A01 v2.0

AU-QLD-RE-PS-A02 v2.0

AU-QLD-RE-PS-A03 v2.0

AU-QLD-RE-PS-A04 v2.0

Additions / Changes:

 

Item S

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

 

Has the Client received from the ATO a:

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

 

13 Feb 2017

AU-QLD-RE-PS-A01 v1.9

AU-QLD-RE-PS-A02 v1.9

AU-QLD-RE-PS-A03 v1.9

AU-QLD-RE-PS-A04 v1.9

Additions / Changes:

 

Item A

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

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

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

2. Commission Method: (tick only one)

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

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

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

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

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

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

 

15 Sep 2016

AU-QLD-RE-PS-A01 v1.8

AU-QLD-RE-PS-A02 v1.8

AU-QLD-RE-PS-A03 v1.8

AU-QLD-RE-PS-A04 v1.8

Additions / Changes:

 

Item S

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

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

 

Has the Client received from the ATO a:

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

 

01 Aug 2016

AU-QLD-RE-PS-A01 v1.7

AU-QLD-RE-PS-A02 v1.7

AU-QLD-RE-PS-A03 v1.7

AU-QLD-RE-PS-A04 v1.7

Additions / Changes:

 

PO Form 6

Changes as per Office of Fair Trading

 

01 Jul 2016

AU-QLD-RE-PS-A01 v1.6

AU-QLD-RE-PS-A02 v1.6

AU-QLD-RE-PS-A03 v1.6

AU-QLD-RE-PS-A04 v1.6

Additions / Changes:

 

PO Form 6

Changes as per Office of Fair Trading

 

06 Oct 2015

AU-QLD-RE-PS-A01 v1.5

AU-QLD-RE-PS-A02 v1.5

AU-QLD-RE-PS-A03 v1.5

AU-QLD-RE-PS-A04 v1.5

Additions / Changes:

 

PO Form 6

Minor changes as per Office of Fair Trading

 

01 Oct 2015

AU-QLD-RE-PS-A01 v1.4

AU-QLD-RE-PS-A02 v1.4

AU-QLD-RE-PS-A03 v1.4

AU-QLD-RE-PS-A04 v1.4

Additions / Changes:

 

PO Form 6

Changes as per Office of Fair Trading

 

Item I

PROPERTY LISTING DETAILS DESCRIPTION

Description of improvements to the Property attached: __ Yes __ No

 

Clause 1(2)

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

 

Clause 1(8)

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

 

Clause 1(9)

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

 

Clause 1(9)

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

 

Clause 1(10)

Termination Penalty: in relation to Relevant Contract, means an amount equal to 0.25% of the purchase price under the contract (Section159 of the Act).

 

Clause 11

Client’s Obligations and Authority

11.1

The Client warrants:


(1)

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


(2)

it has and will maintain Public Liability Insurance in a sum not less than 10 million dollars.


(3)

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

11.2

The Agent is authorised, at the Client’s cost, to make enquiries relating to the warranties given in Clause 11.1.

11.3

Where the Client has indicated ‘yes’ in Item (O) of the Item Schedule, the Client will provide to the Agent copies of such applications or orders at the time of entering into this Appointment.  The Client will also provide copies of subsequent applications or orders made during the term of this Appointment.

11.4

The Client will, where applicable, make available to the Agent, any current Pool Safety Certificate or Form 17 (Final Inspection Certificate) issued prior to or during the term of this Appointment.

11.5

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

11.6

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

11.7

The Client has complied with relevant legislative requirements with respect to the Property.


 

Clause 13

Material Facts, Verification / Disclosure

13.1

The Client warrants:


(1)

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


(2)

it has and will maintain Public Liability Insurance in a sum not less than 10 million dollars.


(3)

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

13.2

The Agent is authorised, at the Client’s cost, to make enquiries relating to the warranties given in Clause 13.1.

13.3

Where the Client has indicated ‘yes’ in Item (O) of the Item Schedule, the Client will provide to the Agent copies of such applications or orders at the time of entering into this Appointment.  The Client will also provide copies of subsequent applications or orders made during the term of this Appointment.

13.4

The Client will, where applicable, make available to the Agent, any current Pool Safety Certificate or Form 17 (Final Inspection Certificate) issued prior to or during the term of this Appointment.

13.5

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

13.6

The Client has complied with relevant legislative requirements with respect to the Property.

 

Clause 15

Termination Penalty

The Seller and the Agent agree the Agent will be entitled to the a termination penalty (0.25% of the purchase price (section 159 of the Act)), apportioned between the Agent and Seller in accordance with Item (I) in relation to a Relevant Contract terminated by a Buyer (Section 168 of the Act) and the receipt by the Agent for its share (if any) of the a termination penalty shall be sufficient discharge to the deposit holder with respect to its duty to account to the Client the Agent’s allocated share of the penalty and distribute the penalty in accordance with Item (I).

 

Clause 19

Provision of Documents

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

 

Clause 19

Related Documents/Notices

19.1

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

19.2

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

(a)

by delivering it to the party personally; or

(b)

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

(c)

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

(d)

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

(e)

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

19.3

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

19.4

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

19.5

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

19.6

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

19.7

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

19.8

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

 

Clause 21

Notices

Any notice to be served by either party under this Appointment shall be in writing and may be served on that party by forwarding it to the address, fax or email provided in Part (1) or Part (2) of the attached Property Occupations Form 6.

 

Clause 23

Safety

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

 

11 Jun 2015

AU-QLD-RE-PS-A01 v1.3

AU-QLD-RE-PS-A02 v1.3

AU-QLD-RE-PS-A03 v1.3

AU-QLD-RE-PS-A04 v1.3

Copyright statement updated.

 

13 May 2015

AU-QLD-RE-PS-A01 v1.2

AU-QLD-RE-PS-A02 v1.2

AU-QLD-RE-PS-A03 v1.2

AU-QLD-RE-PS-A04 v1.2

Additions / Changes:

 

Item S

ACKNOWLEDGEMENT – SOLE OR EXCLUSIVE AGENCY

Where this is an appointment of a property agent for a sole or exclusive agency, by signing this Appointment the Client confirms prior to signing the appointment:

(a)

having been given by the agent the prescribed Property Occupations Form 6, Parts 5 and 6 of which provide information about sole and exclusive agency appointments; and

(b)

that the agent discussed with them the following matters:


(i)

whether the appointment is to be for a sole agency or an exclusive agency; and


(ii)

the proposed term of the appointment; and


(iii)

for an appointment for the sale of residential property other than commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and


(iv)

the consequences for the client if the property is sold by someone other than the agent during the term of the appointment.

 

Clause 17(e)

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

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

 

Clause 19

Provision of Documents

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

 

Clause 23

Safety

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

 

18 Dec 2014

AU-QLD-RE-PS-A01 v1.1

AU-QLD-RE-PS-A02 v1.1

AU-QLD-RE-PS-A03 v1.1

AU-QLD-RE-PS-A04 v1.1

Additions / Changes:

 

Item Schedule Header

Item Schedule - Residential Sales

 

Item F

The Client authorises the Selling Agent to disclose the price at which the Client is willing to sell the Property to Potential Buyers: __ Yes  __  No

 

The Client instructs the Auctioneer or Agent, if requested by a  potential buyer, to provide a copy of any existing Comparative Market Analysis or a written explanation of market value: __ Yes __ No

 

Item Q

The Agent is authorised to take photographs of the Property for use in advertising the sale of the Property: __ Yes __ No

Please specify any specific instructions regarding the content of such photos in Part (4.4) of the Property Occupations Form 6 (R) below.

 

Item R

CLIENT’S ADDITIONAL REQUIREMENTS

 

Item R

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 R(1).

 

Item S

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.

 

Terms of Appointment Header

Terms of Appointment – Residential Sales

 

Clause 4

Exclusive Appointment

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

(1)

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

(2)

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

4.1

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

4.2

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

4.3

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

4.4

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

 

Clause 8.1

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

(a)

on settlement of the sale; or

(b)

pursuant to Clause 8.2

 

Clause 8.1

The Client agrees Commission will be due and payable:

(a)

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

(b)

on settlement of the sale; or

(c)

pursuant to Clause 8.2.

 

Clause 8.3

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

(a)

during the period of a Exclusive Appointment; or 

(b)

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

(c)

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

such Commission will be paid in accordance with either Clause 8.1 or 8.2.

 

Clause 9

Fees, Charges and Expenses

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

 

Clause 12.1

The Agent will take any photos in accordance with the Client’s instructions requirements (if any) set out in Part (4.4) of the Property Occupations Form 6 Item (R) and will take all reasonable care to ensure the privacy of the Client and/or any Tenant of the Property and in so doing will not photograph personal chattels without authority.

 

Clause 17(d)

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

 

Clause 17(e)

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

 

Clause 22

Special Conditions

22.1

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 all relevant legislation.

22.2

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

 

Clause 23

Safety

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

 

01 Dec 2014

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

Additions / Changes:

 

Item A

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

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

2. Commission Method: (tick only one)

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

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

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

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

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

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

 

Item B

The Agent named in Part (2) of the attached Property Occupations Form 6 PAMD Form 22a is acting in conjunction/ jointly exclusive with the Agent/s below:

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

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

 

Item E

SALE PRICE INFORMATION ADVICE ABOUT MARKET PRICE

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

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

a) a Comparative Market Analysis; or

b) a written explanation of Market Value.

 

The Client acknowledges in obtaining this Appointment, the Agent; (Tick only one of the above boxes)

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

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

(a) Comparative Market Analysis   OR      (b) Written explanation of market value; or

c) _ has given the Client an opinion about the Market Price of the Property and supplied a written statement of material facts that the Agent has taken into account in forming such opinion and such material facts are as contained in the attached:

(a) Comparative Market Analysis   OR     (b) Written explanation of market value

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

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

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

 

Item K

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

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

Auctioneer’s Fee: (MUST be included in Part (8.3) of the Property Occupations Form 6 PAMD Form 22a as an expense)

Reserve Price: (see Part (4.3) of the Property Occupations Form 6 PAMD Form 22a)

 

Item S

AGREED NOTICE PERIOD

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

 

Clause 1

Definitions

In this Schedule the following terms mean:-

(1)

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

(2)

Appointment means Property Occupations Form 6 PAMD Form 22a Appointment to Act as of a Property Real Estate Agent including the whole of this document.

(3)

Appointment Commencement Date: The date as set out in Part (4.2) of the attached Property Occupations Form 6 PAMD Form 22a unless otherwise specified.

(4)

Beneficial Interest: a licensee, other than a property developer, is taken to have a beneficial interest in property in each of the cases listed in Section 153 13 of the Act.

(5)

Comparative Market Analysis:  a document comparing the offered Property with at least 3 properties sold within the previous 6 months that are of a similar standard or condition to the offered Property and are within 5km of that Property.

(6)

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

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

(7)

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

(8)

Relevant Contract: a contract for the sale of residential property in Queensland, other than a contract formed on a sale by auction (Section 160 364 of the Act).

(9)

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

(10)

Termination Penalty: in relation to Relevant Contract, means an amount equal to 0.25% of the purchase price under the contract (Section 159 364 of the Act).

 

Clause 2

Appointment of Agent

2.1

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

2.2

The start date of this Appointment will be that set out in Part (4.2) of the attached Property Occupations Form 6 PAMD Form 22a or if no date is inserted the later of the dates either the Client or the Agent signed this Appointment.

2.3

Where details as to the type term of appointment are not completed in Part (4.2) of the attached Property Occupations Form 6 PAMD Form 22a this Appointment is a continuing appointment.

2.4

Where this Appointment is a continuing appointment and no end of continuing appointment has been specified in Part 4.3 of the attached PAMD Form 22a, the Appointment ends 90 days from the start date or where a shorter agreed notice period has been specified in Item (S) on the giving of a notice in accordance with such shorter period.

 

Clause 3

Listing Price

3.1

The Client instructs the Agent to list the Property at the Listing Price mentioned in Part (4.3) of the attached Property Occupations Form 6 PAMD Form 22a.

3.2

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

 

Clause 4

Exclusive Appointment

4.1

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

4.2

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

4.3

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

4.4

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

 

Clause 5

Reappointment

5.1

Subject to Clause 5.2 the Client may reappoint the Agent, in the approved form, for a further period under the same terms and conditions by completing Part 10 (Reappointment) of their copy of this Appointment and providing it to the Agent (s111 of the Act).

5.2

Where the Appointment is a sole or exclusive agency for the sale of residential property the Client must provide the Reappointment to the Agent not more than 14 days prior to the expiry of this Appointment (s110 of the Act).

5.3

Where the Client has in accordance with Clauses 5.1 & (where applicable) 5.2 Reappointed the Agent in the approved form the Parties agree that the Agent has the right to end or revoke the Reappointment by giving written notice to the Client within 7 days after receiving the Reappointment.

5.4

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

(1)

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

(2)

where this Appointment has ended and the Reappointment commenced, on service of the written notice required in accordance with Clause 5.3.

5.5

Where the Agent does not serve a notice in accordance with Clause 5.3 this will be confirmation of the Agent’s acceptance of Reappointment.

 

Clause 7

Managing Agent

7.1

The Client states the Managing Agent for the Property is the person named in Item (G) of the Item Schedule.

7.2

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

7.3

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

 

Clause 8.5

Notwithstanding the monetary amount listed in Part (7) of the PAMD Form 22a, the actual amount of Commission will be calculated based on the percentage set out in Part (7) of the PAMD Form 22a.

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

 

Clause 9.1

The Reserve price is the amount stated in Part (4.3) of the attached Property Occupations Form 6 PAMD Form 22a unless otherwise instructed in writing by the Client or any other authorised person prior to the Auction taking place.

 

Clause 9.3

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

 

Clause 9.5

The Client authorises the Agent to employ a Licensed Auctioneer to carry out the Auction. The fee which the Client must pay is specified in Part (8.3) of the Property Occupations Form 6 PAMD Form 22a.

 

Clause 10

Agent’s Responsibilities

10.1

In compliance with the Clients instructions and in accordance with Part (4.4) of the Property Occupations Form 6 accordance with Section 11 of the Code of Conduct, the appointed Agent must keep the Client informed of:

(1)

any issues or other information relevant to the Property.

(2)

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

unless otherwise specified in writing by the Client.

10.2

Notwithstanding the provision of Clause 10.1 (2) the Client by this Appointment agrees only offers in writing and expressions of interest in accordance with the Clients instructions which the Agent in its discretion considers are significant shall be communicated to the Client.

10.3

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

 

Clause 12.1(1)

it is the owner of the Property, the description in Part (3) of the Property Occupations Form 6 PAMD Form 22a is correct and the Client is authorised to appoint the Agent for sale of the Property.

 

Clause 13

The Agent may not obtain a Beneficial Interest in the Property unless the Agent, before a Relevant Contract for the Property is entered into, obtains the Client's written acknowledgment in the approved form - in accordance with the provisions of Section 155 145 of the Act.

 

Clause 14

The Seller and the Agent agree the Agent will be entitled to the Termination Penalty apportioned between the Agent and Seller in accordance with Item (J) in relation to a Relevant Contract terminated by a Buyer (Section 168 368 of the Act) and the receipt by the Agent for its share (if any) of the Termination Penalty shall be sufficient discharge to the deposit holder with respect to its duty to account to the Client the Agent’s allocated share of the Penalty and distribute the penalty in accordance with Item (J).

 

Clause 19

Where such information is required to be entered on the approved form, information contained in the Item Schedule and the Terms of Appointment shall apply to the approved Property Occupations Form 6 PAMD Form 22a.

 

Clause 20

Any notice to be served by either party under this Appointment shall be in writing and may be served on that party by forwarding it to the address, fax or email provided in Part (1) or Part (2) of the attached Property Occupations Form 6 PAMD Form 22a.

 

17 Jun 2014

AU-QLD-RE-PS-P01 v7.6

AU-QLD-RE-PS-P02 v7.8

AU-QLD-RE-PS-P10 v7.6

AU-QLD-RE-PS-P11 v7.8

Additions / Changes:

 

Item D Note

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

 

Property Listing Details Sheet

Item 2

Attached to AU-QLD-RE-PS-P02 and AU-QLD-RE-PS-P11

 

Smoke Alarms installed in accordance with the Fire and Emergency Rescue Services Act 1990: Yes/No

 

12 Mar 2014

AU-QLD-RE-PS-P01 v7.5

AU-QLD-RE-PS-P02 v7.7

AU-QLD-RE-PS-P10 v7.5

AU-QLD-RE-PS-P11 v7.7

Additions / Changes:

 

Clause 16

Privacy Statement

16.1

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

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

16.2

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

16.3

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

(1)

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

(2)

property data collection agencies; and/or

(3)

Body Corporates & financial institutions; and/or

(4)

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

16.4

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

16.5

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

16.6

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

 

02 Sep 2013

AU-QLD-RE-PS-P01 v7.4

AU-QLD-RE-PS-P02 v7.6

AU-QLD-RE-PS-P10 v7.4

AU-QLD-RE-PS-P11 v7.6

Additions / Changes:


Item R

SPECIAL CONDITIONS FOR THIS APPOINTMENT

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 S

 

AGREED NOTICE PERIOD                                                                                                 Clause 2.4

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


Clause 2.2

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


Clause 2.2

The start date of this Appointment will be that set out in Part 5 of the attached PAMD Form 22a or if no date is inserted the later of the dates either the Client or the Agent signed this Appointment.


Clause 2.3

Where details as to the type of appointment are not completed in Part 4.3 of the attached PAMD Form 22a this Appointment is a continuing appointment.


Clause 2.4

Where this Appointment is a continuing appointment and no end of continuing appointment has been specified in Part 4.3 of the attached PAMD Form 22a, the Appointment ends 90 days from the start date or where a shorter agreed notice period has been specified in Item (S) on the giving of a notice in accordance with such shorter period.


Clause 16.2(1)

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

 

22 Apr 2013

AU-QLD-RE-PS-P01 v7.3

AU-QLD-RE-PS-P02 v7.5

AU-QLD-RE-PS-P10 v7.3

AU-QLD-RE-PS-P11 v7.5

Additions / Changes:


Item C

Header

ConjunctionAL SALES                                                                                                     Clause 5

(Where Item B indicates a conjunction agreement exists this Item will be taken to authorise conjunction unless the contrary is clearly specified)


Item O

 

NEIGHBOURHOOD DISPUTES (DIVIDING FENCES AND TREES) RESOLUTION ACT (CHP 3) – APPLICATIONS OR ORDERS                                                                                           Clause 11.3

Are there currently any applications or orders under Chapter 3 of the Neighbourhood Disputes (Dividing Fences and Trees) Resolution Act 2011 (trees) affecting the Property:   __ Yes  __ No

Copies must be provided to the Agent, including those made during the term of this Appointment.


Clause 7.3(c)

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


Clause 15

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

(a) the Client's failure to comply with this Appointment; or

(b) the Client's failure to give the Agent appropriate authority or instruction; or

(c) the Agent acting on behalf of the Client under this Appointment.

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


Clause 16.2

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

 

22 Aug 2012

AU-QLD-RE-PS-P01 v7.2

AU-QLD-RE-PS-P02 v7.4

AU-QLD-RE-PS-P10 v7.2

AU-QLD-RE-PS-P11 v7.4

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.


Item B

The Agent named in Part 2 of the attached PAMD Form 22a is acting in conjunction/jointly exclusive with the Agent/s below:

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

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

Terms: ……………………………………………………………………………………………………………


Item C

ConjunctionAL SALES


Item F

TENANT’S MANAGING AGENT


Terms Heading

Terms of Appointment

(being a schedule to and forming part of the approved PAMD Form 22a form)


Clause 11.2

The Agent is authorised, at the Client’s cost, to make enquiries relating to the warranties given by the Client in Clause 11.1.


Clause 12

Beneficial Interest Clause moved from Clause 13 to Clause 12

 


Clause 16.2(2)

property data collection agencies; and/or


Clause 18

Where such information is required to be entered on the approved form, information contained in the Item Schedule and the Terms of Appointment shall apply to the approved PAMD Form 22a form.

 

02 Jul 2012

AU-QLD-RE-PS-P01 v7.1

AU-QLD-RE-PS-P02 v7.3

AU-QLD-RE-PS-P10 v7.1

AU-QLD-RE-PS-P11 v7.3

Additions / Changes:


Item O

By ticking below the Client/s (as Seller/s):

_ (a)   Agree to provide a Sustainability Declaration in accordance with the provisions of Chapter 8A of the Building Act 1975 and will deliver an original Declaration signed and prepared by the Client/s (or prepared by another person engaged by the Client) to the best of the Client’s ability and knowledge to the Agent forthwith.  

_ (b)   Acknowledge having been informed that the appointed Agent cannot represent the property for sale to prospective buyers until the Agent is in receipt of the completed original Sustainability Declaration.


Clause 14

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 15

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

 

01 Jan 2012

AU-QLD-RE-PS-P01 v7.0

AU-QLD-RE-PS-P02 v7.2

AU-QLD-RE-PS-P10 v7.0

AU-QLD-RE-PS-P11 v7.2

Additions / Changes:


Clause 14

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


Clause 17

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.

 

05 Dec 2011

AU-QLD-RE-PS-P01 v6.9

AU-QLD-RE-PS-P02 v7.1

AU-QLD-RE-PS-P10 v6.9

AU-QLD-RE-PS-P11 v7.1

Additions / Changes:


Item P

Are there currently any applications or orders under Chapter 3 of the Neighbourhood Disputes Resolution Act 2011 (trees) affecting the Property: __ Yes __  No

Copies must be provided to the Agent, including those made during the term of this Appointment.


Clause 11.3

Where the Client has indicated ‘yes’ in Item (P) of the Item Schedule, the Client will provide to the Agent copies of such applications or orders at the time of entering into this Appointment. The Client will also provide copies of subsequent applications or orders made during the term of this Appointment.


Clause 11.4

The Client will, where applicable, make available to the Agent, any current Pool Safety Certificate or Form 17 (Final Inspection Certificate) issued prior to or during the term of this Appointment.

 

07 Jul 2011

AU-QLD-RE-PS-P01 v6.8

AU-QLD-RE-PS-P02 v7.0

AU-QLD-RE-PS-P10 v6.8

AU-QLD-RE-PS-P11 v7.0

Additions / Changes:


Item B

The Agent named in Part 2 of the attached PAMD Form 22a is acting in conjunction/jointly exclusive with the Agent/s below:

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

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


Item P

The Agent is authorised to take photographs of the Property for use in advertising the sale of the Property:

__ Yes  __ No

Please specify any specific instructions regarding the content of such photos in Item (Q) below.


Item Q

Header

CLIENT’S ADDITIONAL REQUIREMENTS OF AGENT


Clause 10

10.1

The Agent will take any photos in accordance with the Client’s requirements (if any) set out in Item (Q) and will take all reasonable care to ensure the privacy of the Client and/or any Tenant of the Property and in so doing will not photograph personal chattels without authority.

10.2

Should the Property be tenanted, photos may not be taken unless and until the written consent of the Tenant is obtained. It is the responsibility of the Client or managing agent to obtain such consent.



Clause 15

15.1

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.

15.2

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


(1)

potential buyers; and/or


(2)

data collection agencies; and/or


(3)

Body Corporates & financial institutions; and/or


(4)

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

15.3

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

15.4

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 16

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 Agreement.

 

01 Jan 2011

AU-QLD-RE-PS-P01 v6.7

AU-QLD-RE-PS-P02 v6.9

AU-QLD-RE-PS-P10 v6.7

AU-QLD-RE-PS-P11 v6.9

Additions / Changes:


Item D

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

 

01 Dec 2010

AU-QLD-RE-PS-P01 v6.6

AU-QLD-RE-PS-P02 v6.8

AU-QLD-RE-PS-P10 v6.6

AU-QLD-RE-PS-P11 v6.8

Additions / Changes:


Item N

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 P

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 R

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 10.4

the Client has complied with relevant legislative requirements with respect to the Property.


Clause 14

14.1

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.

14.2

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

14.3

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 15

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.

 

04 Jan 2010

AU-QLD-RE-PS-P01 v6.5

AU-QLD-RE-PS-P02 v6.7

AU-QLD-RE-PS-P10 v6.5

AU-QLD-RE-PS-P11 v6.7

Additions / Changes:


Item O

By ticking below the Client/s (as Seller/s):

__ (a) Agree to provide a Sustainability Declaration in accordance with the provisions of Chapter 8A of the Building Act 1975 and will deliver an original Declaration signed and prepared by the Client/s (or prepared by another person engaged by the Client) to the best of the Client’s ability and knowledge to the Agent forthwith.

__ (b) Acknowledge having been informed that the appointed Agent cannot represent the property for sale to prospective buyers until the Agent is in receipt of the completed original Sustainability Declaration.

 

26 Aug 2009

AU-QLD-RE-PS-P01 v6.4

AU-QLD-RE-PS-P02 v6.6

AU-QLD-RE-PS-P10 v6.4

AU-QLD-RE-PS-P11 v6.6

AU-QLD-RE-PS-P12 v1.4

Additions / Changes:


PAMD Form

Changes made to the PAMD Form 22a as per the Warning Message, when opening the form, within the ADLForms program.


Item A

Refer to Part (5) of the attached PAMD Form 22a for Sole and Exclusive Agency.  

For an Open Listing:  Start Date: …./……/….. End Date: …../…./….

(If this Item or Part ( 5) of the PAMD 22a is not completed the Commencement Date will be considered to be the date of Signing).


Item B

The Agent named in Part 2 of the attached PAMD Form 22a is acting in conjunction with the Agent/s below:

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

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


Clause 15

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

AU-QLD-RE-PS-P01 v6.3

AU-QLD-RE-PS-P02 v6.5

AU-QLD-RE-PS-P10 v6.3

AU-QLD-RE-PS-P11 v6.5

AU-QLD-RE-PS-P12 v1.3

Temporarily reverted back to PAMD Form 22a V4 due to issues in regards to the boxed Licence Expiry field

 

20 July 2009

AU-QLD-RE-PS-P01 v6.2

AU-QLD-RE-PS-P02 v6.4

AU-QLD-RE-PS-P10 v6.2

AU-QLD-RE-PS-P11 v6.4

AU-QLD-RE-PS-P12 v1.2

Changes as per Office of Fair Trading

 

18 Nov 2008

AU-QLD-RE-PS-P01 v6.1

AU-QLD-RE-PS-P02 v6.3

AU-QLD-RE-PS-P10 v6.1

AU-QLD-RE-PS-P11 v6.3

Additions / Changes:


Item 4.1.1

Default wording changed

 

MARKET THE PROPERTY BY AUCTION OR PRIVATE TREATY AS INSTRUCTED BY THE SELLER IN ACCORDANCE WITH THE ITEM SCHEDULE & TERMS OF APPOINTMENT FORMING PART OF THIS PAMD 22a FORM

 

22 Sept 2008

AU-QLD-RE-PS-P01 v6.0

AU-QLD-RE-PS-P02 v6.2

AU-QLD-RE-PS-P10 v6.0

AU-QLD-RE-PS-P11 v6.2

Additions / Changes:


Item N

Special Conditions:

(a) Were inserted under instruction by a party to this Agreement; 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 (O), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.


Item O

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


Clause 7.3

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


Clause 7.4

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


Clause 17

Any notice to be served by either party under this Appointment shall be in writing and may be served on that party by forwarding it to the address, fax, email provided in Part (1) or Part (2) of the attached PAMD Form 22a.

 

04 Feb 2008

AU-QLD-RE-PS-P01 v5.9

AU-QLD-RE-PS-P02 v6.1

AU-QLD-RE-PS-P10 v5.9

AU-QLD-RE-PS-P11 v6.1

Changes as per Office of Fair Trading

 

21 Nov 2007

AU-QLD-RE-PS-P01 v5.8

AU-QLD-RE-PS-P02 v6.0

AU-QLD-RE-PS-P10 v5.8

AU-QLD-RE-PS-P11 v6.0

Additions / Changes:


Clause 7.2

the Client agrees the Commission is payable to the Agent forthwith. Provided however, where Clause 7.2 (c) applies, commission will remain due but monies payable shall (subject to the Seller’s rights to claim damages for breach of contract) be limited to the receipted deposit monies.

 

15 Nov 2007

AU-QLD-RE-PS-P01 v5.7

AU-QLD-RE-PS-P02 v5.9

AU-QLD-RE-PS-P10 v5.7

AU-QLD-RE-PS-P11 v5.9

Additions / Changes:


Item O

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.

 

15 Oct 2007

AU-QLD-RE-PS-P01 v5.6

AU-QLD-RE-PS-P02 v5.8

AU-QLD-RE-PS-P10 v5.6

AU-QLD-RE-PS-P11 v5.8

Additions / Changes:


Clause 7.1

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

 

20 Sept 2007

AU-QLD-RE-PS-P01 v5.5

AU-QLD-RE-PS-P02 v5.7

AU-QLD-RE-PS-P10 v5.5

AU-QLD-RE-PS-P11 v5.7

Additions / Changes:


Item O

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

 

29 Aug 2007

AU-QLD-RE-PS-P01 v5.3

AU-QLD-RE-PS-P02 v5.5

AU-QLD-RE-PS-P10 v5.3

AU-QLD-RE-PS-P11 v5.5

Additions:


Clause 16

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 22a form.

Changes:

 

Item A

(If this Item or Part ( 5) of the PAMD 22a is not completed the Commencement Date will be considered to be the date of Signing).

 

Terms of Appointment

Terms of Appointment (being a schedule to and forming part of the approved PAMD 22a form)

 

Clause 7.1

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

(a)

on settlement of the sale; or

(b)

pursuant to Clause 7.2

 

Clause 7.2(b)

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

 

Clause 7.3

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

(a)

during the period of a Exclusive Appointment; or

(b)

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

(c)

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

such Commission will be paid in accordance with either Clause 7.1 or 7.2.

 

24 Aug 2007

AU-QLD-RE-PS-P01 v5.2

AU-QLD-RE-PS-P02 v5.4

AU-QLD-RE-PS-P10 v5.2

AU-QLD-RE-PS-P11 v5.4

Changes:

 

Item E

The Client authorises the Selling Agent to disclose the price at which the Client is willing to sell the Property to Potential Buyers: reveal Selling Price to the Buyer through the use of the Comparative Market Analysis or as instructed in Part (4.1.1) of the attached PAMD Form 22a:  Yes/No

 

14 Aug 2007

AU-QLD-RE-PS-P01 v5.1

AU-QLD-RE-PS-P02 v5.3

AU-QLD-RE-PS-P10 v5.1

AU-QLD-RE-PS-P11 v5.3

Changes:

 

Clause 7.3(b)

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

 

 

17 Apr 2007

AU-QLD-RE-PS-P02 v5.2

AU-QLD-RE-PS-P11 v5.2

Changes:

 

Changes to the attached 'Property Listing Details' Form.

 

17 Apr 2007

AU-QLD-RE-PS-P01 v5.0

AU-QLD-RE-PS-P02 v5.1

AU-QLD-RE-PS-P10 v5.0

AU-QLD-RE-PS-P11 v5.1

Changes:

 

Item E

Authorise Allow Agent to reveal Selling Price to the Buyer through the use of the Comparative Market Analysis or as instructed in Item 4.1 of the attached PAMD Form 22a:  Yes/No

 

If being sold by Auction The Client instructs the Auctioneer or Agent, if requested by a to provide a potential buyer, to provide a copy of any existing with a Comparative Market Analysis or a written explanation of market value:  Yes/No

 

Clause 10.2

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

 

05 Apr 2007 v4.9

Additions:


Item O

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


Clause 10.1(2)

it has and will maintain Public Liability Insurance in a sun not less than 10 million dollars.


Clause 13

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

(a)

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

(b)

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

(c)

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

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

 

12 Feb 2007 v4.8

Changes:

 

Item I

Termination Penalty Apportionment as a %: (if not completed penalty will be apportioned equally)

 

09 Jan 2007 v4.6

Changes:

 

Item E

Insurance

Insurer/Detail

Policy Number

Expiry

Public Liability

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

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

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

 

20 Dec 2006 v4.5

Changes:

 

Clause 5.1(1)

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

 

Clause 5.1(2)

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

 

Clause 9.2

Notwithstanding the provision of Clause 9.1 (2) the Client by this Appointment agrees only offers in writing and expressions of interest which the Agent in its discretion considers are significant shall be, in accordance with Section 11 of the Code of Conduct, communicated to the Client.

Additions:

 

Item E

Insurance

Insurer/Detail

Policy Number

Expiry

Public Liability

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

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

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

 

Clause 7.5

Notwithstanding the monetary amount listed in Part (7) of the PAMD Form 22a, the actual amount of Commission will be calculated based on the percentage set out in Part (7) of the PAMD Form 22a.

 

18 Dec 2006 v4.4

Changes as per Office of Fair Trading

 

05 May 2006 v4.3

Changes:

 

Item D

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

(a) Comparative Market Analysis Material Facts Annexure. OR (b) Written explanation of market value; or

 

has given the Client an opinion about the Market Price of the Property and supplied a written statement of material facts that the Agent has taken into account in forming such opinion and such material facts are as contained in the attached:

(a) Comparative Market Analysis Material Facts Annexure. OR (b) Written explanation of market value

 

Clause 1(8)

Material Facts Annexure: the ADLForms Comparative Market Analysis form.

 

Clause 3.2

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

Additions:

 

Item E

Allow Agent to reveal Selling Price to the Buyer through the use of the Comparative Market Analysis or as instructed in Item 4.1 of the attached PAMD Form 22a: Yes/No

 

If being sold by Auction the Client instructs the Auctioneer or Agent to provide a potential bidder with a Comparative Market Analysis or a written explanation of market value: Yes/No

 

Clause 1(6)

Comparative Market Analysis: a document comparing the offered Property with at least 3 properties sold within the previous 6 months that are of a similar standard or condition to the offered Property and are within 5km of that Property.

 

Clause 2.2

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

 

08 Mar 2006 v4.2

Changes:


Item A

Refer to Item 5.1 of the attached PAMD Form 22a for Sole and Exclusive Agency.

 

For an Open Listing:  Start Date: ..../..../....  End Date: ..../..../....

(If this Item is not completed the Commencement Date will be considered to be the date of Signing).

 

12 Dec 2005 v4.1

Additions:


Clause 14

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).

 

04 Dec 2005 v4.0

Changes:


Item C

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

 

25 Nov 2005 v3.9

Changes:


Item D

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


Clause 7.2

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


Clause 7.4

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


Clause 10.2

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

 

20 Sept 2005 v3.8

Changes:


Item A

THE ………..DAY OF  ……………200……. (Last party signing to insert date)

 

Refer to Item 5.1 of the attached PAMD Form 22a


Clause 1(3)

Appointment Commencement Date: The date as set out in Item 5.1 of the attached PAMD Form 22a Item Schedule unless otherwise specified.

 

26 July 2005 v3.7

Changes:


Format

Converted into standard ADLForm format


Clause 6.4

Clause was deleted


Item I

Auctioneer's Fee: (MUST be included in Items 8.1.2 of the PAMD Form 22a as an expense)

Additions:


Item A

THE ………..DAY OF  ……………200……. (Last party signing to insert date)


Item J

Open House:    Yes   No

Inspection Times: .................................................................................


Item K

Fixtures: ..............................................................................................


Item L

Chattels: ..............................................................................................

(eg. dishwashers, microwaves)


Clause 1(3)

Appointment Commencement Date: The date as set out in Item (A) of the Item Schedule unless otherwise specified.


Clause 1(5)

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


Clause 1(7)

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


Clause 1(8)

Material Facts Annexure: the ADLForms Comparative Market Analysis form.


Clause 1(9)

Relevant Contract: a contract for the sale of residential property in Queensland, other than a contract formed on a sale by auction (Section 364 of the Act).


Clause 2

APPOINTMENT OF AGENT

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


Clause 4.1

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


Clause 5.2

Before agreeing with another Real Estate Agent to conduct a Conjunction Sale, an Agent must:

 

(1)

disclose to the Client the name of the other agent with whom the Agent proposes to act

 

(2)

advise the other agent of the Client's instructions for the sale.


Clause 6.3

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


Clause 8.2

The Agent must not sell the Property if bidding does not reach the Reserve price. Should no Reserve price be given in this Appointment the Reserve price must be given in writing to the Auctioneer before the Auction commences.


Clause 10.3

The Client will provide to the Agent such additional information as the Agent may reasonably request from time to time relevant to matters contained in Clause 10.

 

20 July 2005 v3.6

Changes as per Office of Fair Trading

 

13 Apr 2005 v3.5

Changes:


Item 12.3

Agent is / is not authorised to employ a Licensed Auctioneer to carry out the Auction in which case the Client shall pay the following fee for the Auctioneer's service.

Licensed Auctioneer's Fee: [MUST be included in Items 7.1 and 7.2 of the attached PAMD Form 22a]

 

23 Mar 2005 v3.4

Changes:


Item 4

Advice About Market Price

The Client instructs the Agent to list the Property at the Listing Price mentioned in Item 4.2 of the attached PAMD Form 22a and acknowledges in obtaining this Appointment to act as Real Estate Agent, the Agent;

 

a.

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

 

b.

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

 

c.

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

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

 

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

 

(Tick only one of the above boxes)

 

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


Item 6.3

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

(a) during the period of an Sole Appointment; or

 

17 Mar 2005 v3.3

Changes:


Item 14

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 the 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.

 

03 Feb 2005 v3.2

Additions:


Item 6.3

Replace existing 6.3 with this item and renumber existing 6.3 as 6.4

 

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

 

a.

during the period of an Exclusive Appointment; or

 

b.

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

 

c.

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

 

26 Oct 2004 v3.1

Changes:


Item 2 Prior appt

2) If the client enters into more than one appointment and there is a sale the Client may have to pay a commission for each appointment and / or damages for breach of the appointment to act.


Commission

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

 

(a)

due to any act or omission of the Client; or

 

(b)

due to the client, as Seller, releasing the purchaser from the purchaser's contractual obligations; or

 

(c)

the deposit forfeited; in terms of the Sale Contract to the Seller

The client agrees the commission is payable to the Agent.


Auction

5. The Client authorises the Agent to employ a Licensed Auctioneer to carry out the Auction. The fee for which the Client must pay is specified in Item I.


Material Facts, verification / disclosure

10.1 The Client warrants:

 

(1)

it is the owner of the property, the description in Item 3 of the Appointment is correct and the client is authorised to appoint the agent for sale of the property.

 

(2)

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

 

(3)

the Agent is authorised prior to listing to make its own enquiries into the information provide by the Client in Clause 10.1 (1) and 10.1 (2) excluding the use of public authority searches.


The Client to be Advised

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

 

(1)

any issues or other information relevant to the Property.

 

(2)

each expression of interest or written offers relating to the sale of the Property.

unless otherwise specified in writing by the Client.

 

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