64Contracts for sale of residential property

#### 64 Contracts for sale of residential property 64 Contracts for sale of residential property > > (1) A real estate agent may do any of the following— > > > > > (a) fill up a proposed contract for the sale of residential property, by inserting details of the purchaser’s name, address and description, the name and address of the Australian legal practitioner acting for the purchaser, the purchase price and the date, > > > > > (b) insert in or delete from a contract for the sale of residential property any description of any furnishings or chattels to be included in the sale of the property, > > > > > (c) participate in the exchange or making of contracts for the sale of residential property. > > > (2) If a prospective party to a proposed contract for the sale of residential property for whom a real estate agent acts in relation to the exchange or making of the contract notifies the real estate agent, or it is apparent from the proposed contract, that an Australian legal practitioner is or will be acting for the party, the real estate agent may not participate in the exchange or making of the contract unless expressly authorised to do so by the party or the Australian legal practitioner. A contract is not invalid merely because of the failure of a real estate agent to comply with this subsection. > > > (3) A real estate agent who exercises any function pursuant to this section on behalf of any person who is a party or a prospective party to any contract or proposed contract is liable to compensate that person for any loss, damage or expense suffered or incurred by that person as a result of any negligent act or omission, or any unauthorised action, of the real estate agent in the exercise of that function. > > > (4) A real estate agent may not charge a fee for anything authorised to be done under this section. > > > (5) This section does not affect the existence or nature of any other functions or responsibilities of licensees that exist or may exist apart from this section. > > > (6) In this section— > > > > Australian legal practitioner includes a licensee under the [Conveyancers Licensing Act 2003](/view/html/inforce/current/act-2003-003). > > **s 64:** Am 2003 No 3, Sch 2.8 \[1\]; 2008 No 62, Sch 3.6 \[4\]–\[6\].