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

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:

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.

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:

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.

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.

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

Clause 15

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.

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.

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

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.

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.

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).

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

Changes as per Office of Fair Trading

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

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.

Changes as per Office of Fair Trading

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.

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.

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:

Additions / Changes:

Item O

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

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:

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:

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

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

Changes:

Clause 7.3(b)

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

Changes:

Changes to the attached 'Property Listing Details' Form.

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)

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:

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.

Changes:

Item I

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

Changes:

Item E

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

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.

Changes as per Office of Fair Trading

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.

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).

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).

Changes:

Item C

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

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)

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.

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:

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.

Changes as per Office of Fair Trading

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]

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;

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

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.

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;

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:

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:

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:

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.