In our November 2007 property update, we reported on a new
law1 which, from 1 July 2008 would have made it an
offence for Queensland real estate agents to add special
conditions to contracts. The government has decided to amend
the law and the Consumer Credit (Queensland) and Other Acts
Amendment Act 2008 received assent on 9 May 2008.
In summary, the amended provision will permit agents holding
designated licences under the Property Agents and Motor
Dealers Act 2000 ("PAMDA
licensees") or their employees, as part of the
normal conduct of their real estate or property management
1. prepare or complete (by filling in blanks or choosing
(a) a standard contract (eg REIQ contract) or other
contract prepared by an Australian lawyer; and
(b) documents required under an Act or prepared or
completed as part of a PAMDA licensees work relevant to a
property contract (eg PAMDA forms, statutory disclosure
2. add special conditions or otherwise alter the terms of a
document if the insertion or alteration:
(a) is given to the licensee by a party for use in the
(b) is provided by an Australian legal practitioner
whether or not in relation to the particular transaction (eg.
clauses from a previous transaction or a standard precedent
(c) is authorised by a party to the transaction,
and as long as the PAMDA licensee or employee does not
change the insertion or alteration except by changing details
for the transaction, choosing an alternative or changing the
grammatical form of words.
Notwithstanding this qualification it is difficult to
imagine circumstances in which special conditions in a signed
contract would not be regarded as authorised by the parties.
The practical effect is most likely that in Queensland agents
will continue to have the ability to prepare contracts,
including drafting special conditions.
The following activities by a real estate agent will still be
preparing contracts outside of the normal business of a
real estate agent (whether or not a fee is charged);
giving legal advice as to the nature or effect of a
property contract or contract term; and
charging a fee for preparation or completion of a
The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
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