Property occupations Form 6

Transcription

1 Property occupations For 6 Appointent and reappointent of a property agent, resident letting agent or property auctioneer Property Occupations Act 2014 This for is effective fro 1 Deceber 2014 ABN: Part 1 Client details Client 1 Note: The client is the registered owner of the property, land, or owner of the business. It can be either a copany or individual. Client nae... Address... Suburb... State... Postcode... Phone... Fax... Mobile... Eail address... Client 2 Note: Annexures detailing additional clients ay be attached if required. Client nae... Address... Suburb... State... Postcode... Phone... Fax... Mobile... Eail address... Part 2 Licensee details Licensee type More than one box ay be ticked if appropriate. Note: Annexures detailing conjuncting agents ay be attached if required. Real estate agent Resident letting agent Property auctioneer All Properties Group Agency nae (if applicable)... Licensee nae Expiry 15 Licence nuber... DD / 05 MM / 2017 YYYY Unit 1/6 Webber Drive Address... Browns Plains Suburb... State... QLD Postcode Phone... Fax... Mobile... info@allpropertiesgroup.co.au Eail address... Part 3 Details of property or business that is to be sold, let, purchased, or anaged Please provide details of the property, land, or business as appropriate. Note: Annexures detailing ultiple properties ay be attached if required. Description Address... Suburb... State... Postcode... Lot... Plan... Title reference... Parish/County... Property Occupations Act 2014 For 6 V1 1 Deceber 2014 Page 1 of 4

2 Part 4 Appointent of property agent Section 1 Perforance of service Annexures detailing the perforance of service ay be attached if required. Section 2 Ter of appointent Sole and exclusive appointents: for sales of one or two residential properties, the ter is negotiable and agent can be appointed or reappointed up to a axiu of 90 days per ter. Section 3 Price State the price for which the property, land or business is to be sold or let. Note: Bait advertising is an offence under the Australian Consuer Law. The client appoints the agent to perfor the following service/s: Sale Purchase Letting / collection of rent / anageent Auction Auction date Other (please specify)... Single appointent for a particular service or services Start End DD MM YYYY DD MM YYYY Continuing appointent for a service or a nuber of services over a period Start DD MM YYYY DD MM YYYY Reserve List Letting... For auctions: If a reserve price is unknown at the tie of appointent, it can be advised in writing at a later date. For residential property auctions and residential properties to be arketed without a price: If the client agrees to arketing via an electronic listing provider, the client agrees for the agent to disclose to the electronic listing provider a price or price range of... to establish a search criteria. Section 4 Instructions/conditions The client ay list any condition, liitation or restriction on the perforance of the service. Note: Annexures detailing instructions/conditions ay be attached if required. Part 5 Terination of appointent Residential sales of 1 or 2 properties only Non-sales (for exaple: letting, collection of rents etc) Open listing: You ay terinate in writing with 30 days notice or less if both parties agree. Sole or exclusive: You ay terinate in writing with 30 days notice, but the appointent will not be terinated until it has been in effect for at least 60 days. You ay terinate in writing with 30 days notice or less if both parties agree. Part 6 SALES: Open listing, sole agency or exclusive agency A client ay appoint an agent to sell a property, land or business on the basis of an open listing, or a sole agency, or an exclusive agency. When you ust pay the agent To the client This inforation shows when you will have to pay the agent if the property is sold during the ter of the agent's appointent. Open listing You appoint the agent to sell the property, but you retain a right to appoint other agents on siilar ters, without penalty or extra coission. No end date required. Appointent can be ended by either you or the agent at any tie by giving written notice. The agent is entitled to the agreed coission if he or she is the effective cause of sale. Property Occupations Act 2014 For 6 V1 1 Deceber 2014 Page 2 of 4

3 Part 6 SALES: Open listing, sole agency or exclusive agency continued Note: If you sell your property after this appointent expires and the agent introduced the buyer to your property, the agent ay be entitled to coission. Sole Sole and exclusive appointents Exclusive If you appoint a new agent during an existing agent's sole or exclusive ter and the property is sold during that ter, you ay have to pay: A coission to each agent (two coissions) Daages for breach of contract arising under the existing agent's appointent. Exclusive appointents The client will pay this agent whether this agent, any other agent, or person (including the client theselves), sells the property during the ter of the appointent. Part 7 Coission To the client The coission is negotiable. Make sure you understand when coission is payable. If you choose 'Other' and the contract does not settle, the agent ay still seek coission. To the agent You should ensure that coission is clearly expressed and the client fully understands the likely aount and when it is payable. Refer to section 104 and 105 of the Property Occupations Act The client and the agent agree that the coission including GST payable for the service to be perfored by the agent is: % of the actual sale price (Inclusive of GST) When coission is payable For sales, including auctions, coission is payable if a contract is entered into and settleent of the contract occurs. Please refer to the clause 5 of the attached essential ters & conditions Other... (for specific other circustances in which coission is payable see annexure). For all other types of appointents: Part 8 Authorisation to incur fees, charges and expenses The client authorises the agent to incur the following expenses in relation to the perforance of the service/s. Annexures ay be attached if required. Section 1 Advertising/arketing To the client Your agent ay either coplete this section or attach annexures of arketing/ advertising activities. Authorised aount... When payable DD MM YYYY Section 2 Repairs and aintenance (if applicable) The axiu value of repairs and aintenance to be paid by the agent without prior approval by the client is... Property Occupations Act 2014 For 6 V1 1 Deceber 2014 Page 3 of 4

4 Part 8 Authorisation to incur fees, charges and expenses continued Section 3 Other Description of fees and charges. The agent ay either coplete this section or attach annexures. Section 4 Agent's rebate, discount, coission or benefit incurred in the provision of or perforance of the service Description Dollar aount When payable Title Search Inc GST Service Source Estiated aount Part 9 Signatures WARNING: THE CLIENT IS ADVISED TO SEEK INDEPENDENT LEGAL ADVICE BEFORE SIGNING THIS FORM. This for enables the client to appoint, or reappoint, a property agent, resident letting agent or property auctioneer (the 'agent') for the sale, letting/anageent, collection of rent, auction or purchase of real property, land or businesses. This for ust be copleted and given to the client before the agent perfors any service for the client. Failure to do so ay result in a penalty and loss of coission for the agent. If you are unclear about any aspect of this for, or the fees you will be charged, do not sign it. Seek legal advice. If you need ore inforation about this for including what an agent needs to disclose, you can visit the Office of Fair Trading website at or phone on 13 QGOV ( ). Client 1 Client 2 Agent A registered real estate salesperson working for an agency can sign this for on behalf of the licensed agent. Full nae... Signature... Full nae... Signature... All Properties Group Full nae... Signature... Schedules and attachents List any attachents. Part 10 Reappointent Use this section to reappoint your agent. A new appointent for is required if any of the ters or conditions are to change. Your agent can only be reappointed within 14 days before the contract ends - not before. I/we (the client) reappoint......(the agent) to Clients nae... Signature... Clients nae... Signature... This is the end of the approved for. Please note, any annexures/schedules for part of the appointent contract. Property Occupations Act 2014 For 6 V1 1 Deceber 2014 Page 4 of 4

5 Accredited Agency Appointent of Real Estate Agent (Residential Sales) ITEMS SCHEDULE A PRIOR APPOINTMENT Pursuant to Section 21 of the Property Occupations Regulation 2014 (Qld), prior to accepting this Appointent of Property Agent, the Agent ust take reasonable steps to find out whether the Client has already appointed another property agent to perfor the service(s) listed in this Appointent of Property Agent. The Client acknowledges that the Agent has taken reasonable steps to find out whether the Client has already appointed another property agent to perfor the service(s) listed in this Appointent of Property Agent. The Client further warrants that another property agent has not been appointed to perfor the service(s) listed in this Appointent of Property Agent. If the Client is not able to warrant that another property agent has not been appointed to perfor the service(s) listed in this Appointent of Property Agent, the Client acknowledges that a stateent in accordance with Section 21 (4) of the Property Occupations Regulation 2014 (Qld) has been provided by the Agent. Note: A copy of the stateent provided to the Client ust be annexed to this Appointent of Property Agent. B ADVICE AS TO MARKET PRICE (Select applicable Box) Has the Client requested inforation regarding the price at which the Property is to be offered for sale? Yes No If Yes, The Client acknowledges receipt of the Coparative Market Analysis; OR The Client acknowledges receipt of the written explanation showing how the Agent decided the arket value of the Property. COMPARATIVE MARKET ANALYSIS Copares the Property with at least 3 properties sold within the previous 6 onths that are of a siilar standard or condition to the Property and are within 5k of that Property. Listed below; OR Listed in the attached Coparative Market Analysis (attach analysis) ADDRESS OF PROPERTY: SALE PRICE: DISTANCE FROM PROPERTY: Coents: EF005a v12/14 Copyright The Real Estate Institute of Queensland Ltd Page 1 of 7

6 Note: Pursuant to sections 214 and 216 of the Property Occupations Act 2014 (Qld), where the Property is to be arketed without a price and/or the Property is residential property to be sold by auction, the Agent ust not disclose a price guide for the Property or what he/she considers is a price likely to result in a successful or acceptable bid for the Property. However, the Agent ay give a person a Coparative Market Analysis, or the written explanation showing how the Agent decided the arket value of the Property, if the Client provides written consent. The Client: Authorises Does not authorise the Agent to give a potential Buyer either the Coparative Market Analysis or the written explanation showing how the Agent decided the arket value of the Property. C MANAGING AGENT OF PROPERTY (If Applicable) AGENCY: PROPERTY MANAGER: ADDRESS: SUBURB: STATE: POSTCODE: PHONE: MOBILE: FAX: D SOLICITOR S DETAILS FOR CLIENT NAME: REF: CONTACT: ADDRESS: SUBURB: STATE: POSTCODE: PHONE: MOBILE: FAX: To be provided to the Agent by the Client at a later date as not known by the Client when entering into this Agreeent. E PUBLIC LIABILITY INSURER: POLICY NUMBER: AMOUNT OF COVER: EXPIRY DATE: F AUCTION The Client instructs and authorises the Agent to sell the Property by Public Auction. (Select applicable box) No - Clause 11 of this Agreeent will not apply. Yes - Clause 11 of this Agreeent will apply and the following details ust be copleted. (1) Date of Auction: (2) Place of Auction: (3) Tie of Auction: (4) Fee for Auctioneer: (5) Ters of Sale: Cash, with Settleent 30 days fro the date of the Contract ß Select applicable box Other (please specify): EF005a v12/14 Copyright The Real Estate Institute of Queensland Ltd Page 2 of 7

7 G PRIVACY The Client acknowledges that they have, where necessary, been provided with and copleted, a Privacy Notice and Consent by the Agent in the for annexed to this Appointent of Property Agent or located on the Agent's website at: allpropertiesgroup.co.au/privacy-policy and they fully understand that the collection and use of personal inforation contained in the Property Occupations For 6 - Appointent and reappointent of a property agent, resident letting agent or property auctioneer, this Schedule, the Essential Ters and Conditions and any additional annexures, is in accordance with the Privacy Notice and Consent. H REQUIREMENTS FOR SOLE OR EXCLUSIVE AGENCY The Client acknowledges and accepts that the following notice is provided in accordance with the Agent's obligations under Section 103 of the Property Occupations Act 2014 (Qld): (1) The Agent has, in accordance with the requireents of the Property Occupations Act 2014, discussed with the Client: (a) (b) (c) (d) whether the Appointent of Agent is to be for a sole agency or and exclusive agency; and the proposed ter of the appointent; and for an appointent for the sale of residential property other than a coercial scale appointent, the Client's entitleent to negotiate a ter of the appointent up to a axiu of 90 days; and the consequences for the Client if the Property is sold by soeone other than the Agent during the ter of the Appointent. (Note: The Client should refer to Clause 5 of the Essential Ters and Conditions) The Client acknowledges that the above atters have been discussed before signing the Appointent of Property Agent. I FACTS MATERIAL TO THE SALE OF THE PROPERTY Note: Agent ust take reasonable steps to find out/verify any facts aterial to the sale of the Property EF005a v12/14 Copyright The Real Estate Institute of Queensland Ltd Page 3 of 7

8 PROPERTY DESCRIPTION DETAILS ADDRESS: SUBURB: STATE: POSTCODE: RES Property type (select one) House Apartent Acreage Features (select as applies) Unit Mobile Hoe Far Cable TV Duplex Townhouse Vacant Land Fireplace Air conditioned Roo details (Total nuber of roos) Type (select one) Ducted Bedroos BI Highset Split Systes Lounge Lowset Heated Dining Split-level Veranda/Deck Lounge/Dining Cob Double storey Entertaining area/pergola Rupus/Faily Multilevel Terrace/Paved Media roo BBQ Bathroo Services (select as applies) Bar Kitchen Town water In-ground pool Dining/Kitchen Cob Sewered Above-ground pool Pantry Septic Fenced Ensuite Gas in street Sides fenced Separate toilets Cable in street Tennis court Separate shower Water frontage Laundry Car Parking (# of spaces) Water access Study/Office Garage Jetty Spa G/shed/Shed/Stables Carport Sauna Other roos Other Gy Ceiling fans Construction (select as applies) Interior Walls (select as applies) Security syste Brick Plasterboard Tiber Tiber Window and Door security screens Concrete Brick Window Locks Hardiplank Block Interco syste Fibro Fibro Rain water tank Rendered Bore Cladding Appliances (select as applies) Solar electricity syste Brick Veneer Gas stove Nuber of kilowatts Block Electric stove Oven Counity Facilities (close by) Roof (select one) Hot Plate Priary school Tiles Rangehood Secondary school Fibro Microwave Bikeway Iron Refrigerator Park Colorbond Dishwasher Sporting facilities Style (select one) Disposal Unit Transport (close by) Washing achine Bus Colonial Dryer Train Conteporary Ducted vacuu Ferry Brick and tile Federation Hot water syste (select as applies) Outlook (select one direction) Mediterranean Gas North East Pole hoe Electric South West Queenslander Solar North-east South-east Post War South-west North-west EF005a v12/14 Copyright The Real Estate Institute of Queensland Ltd Page 4 of 7

9 PROPERTY DESCRIPTION DETAILS (Continued) Age (years): 2 ): Land (approx. Land (approx. ha): R.P.D. Electrical safety switch: Yes No Soke alar: Yes No Pool Safety Certificate: Yes No Encubrances: Yes No If yes please provide details: Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 disclosures: Zoning: (select whichever is applicable) The Land is not affected by any application to, or an order ade by, the Queensland Civil and Adinistrative Tribunal (QCAT) in relation to a tree on the Land. The Land is affected by an application to, or an order ade by, QCAT in relation to a tree on the Land. Rates: Quarter Half year Year Vacant Possession: days Tenanted: Yes No Inspection: Call listing agent 24hrs notice required Specify: UNIT USE ONLY Body Corporate Fees (Inc Sink Fund): Period: Floor level: Lift: Yes No (select one) COMMENTS SIGNATURE OF PARTIES Client 1: Date: Client 2: Date: Agent: Date: EF005a v12/14 Copyright The Real Estate Institute of Queensland Ltd Page 5 of 7

10 ESSENTIAL TERMS AND CONDITIONS 1. DEFINITIONS a Sole Agency, any person other than the 1.1 Act eans the Property Occupations Act 2014 (Qld). Client; or 1.2 Agent eans the party described in Part 2 of the an Open Listing, the Agent only. Appointent of Property Agent. 6. AUTHORITY TO PAY COMMISSION 1.3 Appointent of Property Agent eans the 6.1 The Client: Queensland Governent Property Occupations For authorises the Agent, and - Appointent and reappointent of a property agent, resident letting agent or property auctioneer. These authorises and directs the deposit holder or ters and conditions and the Schedule are annexed to any other person to who any deposit is paid the Appointent of Property Agent. under a Contract of Sale, to pay to the Agent any Coission to which the Agent is entitled 1.4 Client eans the party described in Part 1 of the iediately upon: Appointent of Property Agent. (a) the entitleent to Coission arising; 1.5 Coission eans the coission stated in Part 7 and of the Appointent of Property Agent. (b) production of the Agreeent or a copy of 1.6 Conjunction Sale eans a sale conducted in the Agreeent; conjunction with other property agents. 6.2 The Client agrees that the Agent's receipt for the 1.7 Property eans the property described in Part 3 of payent of Coission under Clause 6.1 copletely the Appointent of Property Agent. discharges the deposit holder fro any duty to account 1.8 Property Description Details eans the particulars to the Client for the Coission paid to the Agent. listed in the Property Description Details annexed to 7. COMMUNICATION OF EXPRESSIONS OF INTEREST the Schedule. 1.9 REIQ eans The Real Estate Institute of Queensland. 7.1 Unless otherwise agreed in writing between the Client 1.10 Schedule eans the Residential Sales Schedule and the Agent, the Client: foring part of this Agreeent only requires the Agent to counicate to the 1.11 Ter eans the ter specified in Part 4, Section 2 of Client: the Appointent of Property Agent. (a) all written offers about the sale; and 2. WHAT MAKES UP THIS AGREEMENT (b) only those expressions of interest which This Agreeent coprises the following parts: the Agent deterines in its discretion are 2.1 Appointent of Property Agent; to be counicated to the Client. 2.2 Schedule; 8. DISCLOSURE OF RELEVANT FACTS 2.3 Essential Ters and Conditions; 8.1 The Client states that: 2.4 Any additional annexures the Property is the Client's own property; 3. CLIENT APPOINTS AGENT the Agent is entitled to sell the Property on behalf of the Client; and 3.1 For the Coission and other fees payable by the Client, the Agent agrees to sell the Property for the the particulars about the Property contained in Client in accordance with this Agreeent. the Property Description Details are correct; 4. PRICE 8.2 The Client authorises the Agent at the Client's cost to: 4.1 The Client instructs the Agent that the Price at which take reasonable steps to find out or verify: the Agent ust offer to sell the Property will be the (a) the ownership of the Property; and Price stated in Part 4, Section 3 of the Appointent of (b) the description of the Property; Property Agent, or any variation to the Price stated in Part 4, Section 3 of the Appointent of Property Agent take such other reasonable steps to find out or as instructed in writing at a later date by the Client. verify the facts aterial to the sale, exchange or lease that a prudent property agent would 5. ENTITLEMENT TO COMMISSION find out or verify in order to avoid error, 5.1 The Client agrees to pay the Agent Coission as oission, exaggeration or isrepresentation. specified in Part 7 of the Appointent of Property These steps ay be taken before listing the Agent if a Contract of Sale of the Property is entered Property and afterwards as the occasion into with a Buyer, whether within the Ter or after the arises; Ter, where the Relevant Person is the effective 8.3 The Client will produce to the Agent, at the Agent's cause of the sale within the Ter, provided that: request, such inforation as required by the Agent to the Contract of Sale of the Property is satisfy the Agent of the atters referred to in this copleted; or Clause 8; the Client defaults under the Contract of Sale 8.4 This Clause 8 does not oblige the Agent to undertake and that Contract is terinated by reason of or searches with public authorities; following that default; or 8.5 The Client warrants that the Property is safe and free the Contract of Sale is not copleted and the fro any defects for the purposes of a property whole or part of the deposit paid is liable to be inspection. forfeited; or 9. NOTIFICATION OF SALE TO TENANT the Contract of Sale is terinated by utual 9.1 If the Property is tenanted, the Client states that the agreeent of the Client and the Buyer. anaging agent for the Property is as stated in Ite C 5.2 For the purposes of Clause 5.1 a Relevant Person is, of the Schedule; where the Appointent of Property Agent is for: 9.2 The Client acknowledges that where the Agent an Exclusive Agency, any person (including accepts an appointent to sell a property that is the Client); or tenanted: EF005a v12/14 Copyright The Real Estate Institute of Queensland Ltd Page 6 of 7

11 9.2.1 The Agent ust iediately give written the Buyer validly terinates the contract at any notice of the appointent to any anaging tie before the cooling-off period ends in agent of the Property; and accordance with the Act; and The anaging agent ust iediately give the Client is entitled to retain fro the deposit the tenant notice of the appointent of the the Terination Penalty, Agent to sell the Property. the Client agrees that the Terination Penalty will be 10. COMMUNICATION AND NOTICES divided equally between the Client and the Agent All written counications under this Agreeent ust 12.3 The Client: be given to the parties' postal address, facsiile authorises the Agent; and nuber, eail address or obile telephone nuber specified in Parts 1 or 2 of the Appointent of Property authorises and directs the deposit holder or Agent; any other person to who any deposit is paid under a Contract of Sale, 10.2 The Client consents to the use of eail and facsiile in accordance with the provisions set out in Chapter 2 to pay to the Agent, the Agent's share of the of the Electronic Transactions (Queensland) Act 2001 Terination Penalty to which the Agent is entitled in and the Electronic Transactions Act 1999 (Cth); accordance with the Clause 12.2 iediately upon production of the Agreeent or a copy of the 10.3 The Client authorises the Agent to give on behalf of Agreeent. the Client any stateent or other notice that ay be required to be given by the Client in accordance with 12.4 The Client agrees that the Agent's receipt for the any law; payent of one half of the Terination Penalty under Clause 12.2 copletely discharges the deposit holder 10.4 Nothing in this Clause 10 requires the Agent to give a fro any duty to account to the Client for the Agent's stateent or other notice on behalf of the Client. The share of the Terination Penalty paid to the Agent. Agent ay require the Client to sign the stateent or other notice on the Client's own behalf. 13. INDEMNITY 11. AUCTION 13.1 The Client shall be liable for and shall indenify and defend the Agent, its directors, officers, eployees, 11.1 The Reserve Price shall be the aount specified in and agents fro and against any and all losses, Part 4, Section 3 of the Appointent of Property Agent clais, deands, actions, suits (including costs and or as instructed by the Client in writing prior to the tie legal fees on an indenity basis), and daages, of Auction; including, but not liited to: 11.2 The date, place and tie for the Auction shall be as injury, bodily or otherwise, to or death of any specified in Part 4, Section 1 of the Appointent of person; Property Agent and Ite F of the Schedule or as otherwise agreed with the Client in writing fro tie to loss, daage to or destruction of property, tie; whether real or personal, belonging to the Client, the Agent or others; and 11.3 The general conditions of sale shall be those set out in: arising fro or in connection with any act or oission or negligence of the Client or any other person (other the Conditions of Sale by Public Auction Real than the Agent) or arising out of or in connection with Property adopted by the REIQ; and the Property or this Appointent of Property Agent the copyright for of Contract and the Ters 14. CLIENT AND AGENT'S ACKNOWLEDGEMENTS of Contract/Standard Conditions of Sale adopted by the REIQ and approved by the The Client and the Agent acknowledge that: Queensland Law Society as at the date of the 14.1 they have received a copy of the Property Occupations Appointent of Property Agent; For 6 - Appointent and reappointent of a 11.4 The Agent ay, in the Agent's sole discretion, property agent, resident letting agent or property subcontract the perforance of the Agent's services in auctioneer, the Schedule, these Essential Ters and relation to holding the Public Auction by engaging a Conditions and any additional annexures; person licensed as an Auctioneer under the Act to 14.2 they have read and fully understood the Property conduct the Public Auction on behalf of the Agent. If Occupations For 6 - Appointent and reappointent the Agent eploys an Auctioneer then the Client shall of a property agent, resident letting agent or property pay the aount as specified in Ite F(4) of the auctioneer, the Schedule, these Essential Ters and Schedule as a fee for the Auctioneer's services. Conditions and any additional annexures, including the 12. AGENT'S ENTITLEMENT TO TERMINATION PENALTY warranties and indenities contained therein and agree to be fully bound by the In this Clause 12: 12.2 If: Relevant Contract eans a relevant contract as defined in the Act; and Terination Penalty eans the aount of 0.25% of the Purchase Price under the Contract of Sale as defined in the Act the Contract of Sale is a Relevant Contract; and 15. ENTIRE AGREEMENT 15.1 This docuent constitutes the entire agreeent of the parties with respect to the subject atter of this docuent and supersedes all prior negotiations or expressions of intent or understandings with respect to the appointent of the Agent to the Property. EF005a v12/14 Copyright The Real Estate Institute of Queensland Ltd Page 7 of 7