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The Paperwork - PAMD 22a Appointment of Real Estate Agent - Pure Property Sales

A bit of information on the legal aspects of selling your property.

Current legislation requires that both agent and seller sign a Form 6 – Appointment of Real Estate Agent. This paperwork allows us to sell your property on your behalf.

There are a few options on the paperwork that requires your attention. Firstly, the appointment of agency – be the listing open, sole and exclusive.

The following information was sourced, and quoted directly, from current Queensland Government Fair Trading legislation.

Open listing appointment

The seller can open list their property with several agents and cancel the appointment at any time by writing to the agent.

Open listing appointments enable the seller to have agents compete for the commission on the sale of the house. An agent gets the commission only if they actually sell the property.

To terminate an open appointment, either the agent or client must give written notice.

Exclusive agency appointment

An agent with an exclusive agency appointment can get an agreed commission upon sale whether or not they actually sell the house.

If the seller sells the property, they must still pay the agent´s commission. If another agent sells the property, the seller may also have to pay them a commission. Potentially the seller may have to pay two commissions.

For all sole and exclusive agency appointments, the agent must give the seller a notice stating:

  • the proposed term of the appointment
  • whether the appointment is under a sole or exclusive agency
  • the difference between sole agency and exclusive agency
  • the consequences if the property is sold by someone other than the agent during the term of the sole or exclusive agency

The notice may also state that at the end of a sole or exclusive agency, the appointment of the agent continues under an open listing, which the agent or seller can end at any time.

Sole agency appointment

A sole agency appointment is similar to an exclusive agency. However, if the seller makes the sale and the agent plays no part in getting the buyer, the agent may not be entitled to commission.

For all sole and exclusive agency appointments, the agent must give the seller a notice stating:

  • the proposed term of the appointment
  • whether the appointment is under a sole or exclusive agency
  • the difference between sole agency and exclusive agency
  • the consequences if the property is sold by someone other than the agent during the term of the sole or exclusive agency

The notice may also state that at the end of a sole or exclusive agency, the appointment of the agent continues under an open listing, which the agent or seller can end at any time.

Most agencies will encourage their sellers to agree to an exclusive, 60 day sale period. During this time they cannot engage the services of another agent, and must give the current agent the agreed time frame to sell the property.

At Pure Sales, we trust our team to impress you. We will not hold you to a 60 day period. If, for whatever reason, you are unhappy with our services, you are free to terminate (in writing) without being held to a specified time period. We will offer you the very best in customer service, superior negotiating skills and a dedicated marketing approach. If you’re not happy with our service, you are free to walk away.

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