ACTIn ForceAct
Agents Act 2003
89BContracts for sale of residential property
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89B Contracts for sale of residential property
(1) An agent or assistant property agent may do any of the following:
(a) insert into a proposed contract for the sale of residential property
any of the following:
(i) the name and address of, and contact details for, the buyer;
(ii) the name and address of, and contact details for, the
buyer’s lawyer;
(iii) the purchase price;
(iv) the date of the contract;
(b) insert in, or delete from, a proposed contract for the sale of
residential property a description of any furnishings or goods to
be included in the sale of the property;
(c) take part in an exchange of contracts or the making of a contract
for the sale of residential property.
(2) An agent or assistant property agent must not insert a special
condition into a proposed contract for the sale of residential property.
Maximum penalty: 10 penalty units.
(3) An offence against subsection (2) is a strict liability offence.
Other offences—agents and assistant property agents Division 5.9
(4) If a prospective party to a proposed contract for the sale of residential
property for whom an agent or assistant property agent acts tells the
agent or assistant property agent, or it is apparent from the proposed
contract, that a lawyer is or will be acting for the party, the agent or
assistant property agent must not take part in the exchange of
contracts or the making of the contract unless expressly authorised to
do so by the party or the lawyer.
(5) A contract is not invalid only because of the failure of an agent or
assistant property agent to comply with subsection (4).
(6) An agent or assistant property agent must not charge a fee for
anything authorised to be done under this section.
residential property—see the Civil Law (Sale of Residential
Property) Act 2003, section 8.
Division 5.9 Other offences—agents and assistant