QLDIn ForceAct
Property Occupations Act 2014
sec.103Particular requirements for appointing property agent for sole or exclusive agency
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### sec.103 Particular requirements for appointing property agent for sole or exclusive agency
This section applies to an appointment of a property agent for a sole or exclusive agency.
Before the appointment is signed, the property agent must—
give the client a notice, in the approved form, that provides information about sole and exclusive agency appointments; and
discuss with the client—
whether the appointment is to be for a sole agency or an exclusive agency; and
the proposed term of the appointment; and
for an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and
the consequences for the client if the property is sold by someone other than the agent during the term of the appointment.
The commission of an offence against this subsection also renders an appointment for the sale of a place of residence or land or an interest in a place of residence or land ineffective under section 112 (3) .
Maximum penalty—200 penalty units.
(sec.103-ssec.1) This section applies to an appointment of a property agent for a sole or exclusive agency.
(sec.103-ssec.2) Before the appointment is signed, the property agent must— give the client a notice, in the approved form, that provides information about sole and exclusive agency appointments; and discuss with the client— whether the appointment is to be for a sole agency or an exclusive agency; and the proposed term of the appointment; and for an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and the consequences for the client if the property is sold by someone other than the agent during the term of the appointment. The commission of an offence against this subsection also renders an appointment for the sale of a place of residence or land or an interest in a place of residence or land ineffective under section 112 (3) . Maximum penalty—200 penalty units.
- (a) give the client a notice, in the approved form, that provides information about sole and exclusive agency appointments; and
- (b) discuss with the client— (i) whether the appointment is to be for a sole agency or an exclusive agency; and (ii) the proposed term of the appointment; and (iii) for an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and (iv) the consequences for the client if the property is sold by someone other than the agent during the term of the appointment.
- (i) whether the appointment is to be for a sole agency or an exclusive agency; and
- (ii) the proposed term of the appointment; and
- (iii) for an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and
- (iv) the consequences for the client if the property is sold by someone other than the agent during the term of the appointment.
- (i) whether the appointment is to be for a sole agency or an exclusive agency; and
- (ii) the proposed term of the appointment; and
- (iii) for an appointment for the sale of residential property other than a commercial scale appointment, the client’s entitlement to negotiate the term of the appointment up to a maximum term of 90 days; and
- (iv) the consequences for the client if the property is sold by someone other than the agent during the term of the appointment.