Hi,

Due to changes to the Building Act 1993 and new related Regulations we have implemented changes to residential Agency Authorities and the residential Contract of Sale of Real Estate to better protect your interests when dealing with your clients.

The legislative changes came into effect on the 1st December 2019 and can impact on how swimming pools and spas are dealt with in real estate transactions. All affected forms were released last week and should already be updated within your system.

Changes summary is as follows:

Property Management Agency Authorities

We have added schedule item 14 where the owner of a property with a swimming pool or spa must specify the current status of Registration and Barrier Compliance Certificate. We have also added clause 6.4 outlining the owners responsibilities in respect of a pool or spa before and during a tenancy.

Forms affected are:

• AUVICREPM016 Exclusive Leasing and/or Managing Agency Authority - Residential (v2.9.0)
• AUVICREPM017 General Leasing and/or Managing Agency Authority - Residential (v2.8.0)
• AUVICREPM023 Exclusive Leasing and/or Managing Agency Authority - Residential (with Landlord's Instruction Form) (v3.1.0)
• AUVICREPM024 General Leasing and/or Managing Agency Authority - Residential (with Landlord's Instruction Form) (v3.0.0)

Click here to view changes

Auction and Sales Agency Authorities

We have added a clause (5.5 on Auction Authority and 5.6 on Sales Authorities) which states that the Vendor must make available to the Agent any current Certificate of Pool and Spa Barrier Compliance.

Forms affected are:

• AUVICREPS001 Exclusive Selling Agency Authority - Residential (v3.3.0)
• AUVICREPS002 Exclusive Auction Agency Authority - Residential (v3.3.0)
• AUVICREPS003 General Selling Agency Authority - Residential (v3.2.0)

Click here to view changes

Contract of Sale of Real Estate

We have added schedule item 15 where the Seller of a property with a swimming pool or spa must specify the current status of Registration and Barrier Compliance Certificate. There is also a new Special Condition in item 16 of the schedule (sub-item 5) where the Seller warrants the currency of the above mentioned certificate unless otherwise disclosed in the agreement.

Forms affected are:

• AUVICREPS006 Contract of Sale of Real Estate (Residential) (v2.1.0)

Click here to view changes

1. Updating ADLForms

ADLForms should have automatically updated to allow access to the updated form and the latest version of the software (9.5.8) when you first opened ADLForms today. If this has not occurred then:

1. Click the 'Update' button from the main menu of the program. Please allow a few minutes for the forms and/or program to download and install.
2. If this fails to update your forms then:
   • Select Tools -> 'Re-initialise ADLForms’ from within the Main Menu of the ADLForms program. This will close the program.
   • Restart ADLForms and click the 'Update' button.
3. If you still do not have the updated forms click here to download and re-install ADLForms.
4. If all the above do not result in a successful forms and program update please contact our tech support team for assistance.

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