The Property Agents and Motor Dealers and Other Legislation
Amendment Bill 2010 (Qld) (Bill) was
introduced to Parliament on 24 March 2010.
If passed by the Government, the changes will commence on 1
Changes to the PAMDA warning requirements
The amendments look to ease the strict warning requirements
under the existing PAMDA with the major changes being as
residential sellers and selling agents will only need to direct
the buyer's attention to the warning statement once prior to
the contract being signed by the buyer. This will remove the
ambiguous second direction requirement;
the buyer's signature on the warning statement will be
evidence that the buyer's attention was directed to the warning
statement prior to entering into the contract. This will reduce the
need for 'buyer's acknowledgement' documents;
the warning statement must be attached to the contract. The
requirement that the warning statement be attached to the contract
as the "first and top page" of the contract has been
It is expected that new PAMDA forms will also be issued.
Changes to termination rights
The Bill also proposes to change contract termination rights so
that a buyer's right to terminate a contract for non-compliance
with the warning statement provisions prior to settlement cannot
occur later than 90 days after the day the buyer receives a copy of
the relevant contract from the seller.
This will provide certainty to developers and sellers with
longer term contracts.
How does the Bill propose to affect termination rights under
Once the Bill commences, buyers immediately lose any
pre-existing right they may have to terminate under the existing
Buyers that have existing rights to terminate under the current
PAMDA notice provisions will need to exercise their rights before
the proposed commencement of the new provisions on 1 October
What about sales of residential units?
The Body Corporate and Community Management Act 1997
will be amended, to reflect the above changes to Chapter 11 of
If you have any further queries about either of these proposed
legislative amendments please contact the Property Planning and
Environment team on 07 3231 2444.
We will issue further alerts on the passage of this Bill.
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