Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 102

102 Appointment

(1) A property agent must not act as a property agent for a person (a
"client" ) to perform an activity (a
"service" ) for the client unless—

(a) the client first appoints the property agent under subsection (2) ; or

(b) an appointment that is in force is assigned to the property agent under the terms of that appointment or under section 113 .

Penalty—

Maximum penalty—200 penalty units.

(2) The appointment of a property agent must—

(a) comply with division 2 and section 109 (1) ; and

(b) include any other information prescribed under a regulation, in the way (if any) prescribed under a regulation.

Example of a way for paragraph (b)—

• as an addition to the approved form under section 104

• the expression of commission for a service in a dollar amount, or as a percentage, or both

(3) A resident letting agent must not act as a resident letting agent for a person (also a
"client" ) to perform an activity (also a
"service" ) for the client unless—

(a) the client first appoints the resident letting agent under subsection (4) ; or

(b) an appointment that is in force is assigned to the resident letting agent under the terms of that appointment or under section 113 .

Penalty—

Maximum penalty—200 penalty units.

(4) The appointment of a resident letting agent must—

(a) comply with division 2 , subdivision 1 and section 109 (1) ; and

(b) include any other information prescribed under a regulation, in the way (if any) prescribed under a regulation.

(5) An appointment under subsection (1) or (3) may be for the performance of—

(a) a particular service or services (a
"single appointment" ); or

(b) a particular service or services over a period (a
"continuing appointment" ).

(6) Subsections (1) , (2) and (5) do not apply to a sale of property by a real estate agent who acts in conjunction with a real estate agent appointed for this section to sell the property.