Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 23

23 Difference between exclusive agency and sole agency

(1) The only difference between an
"exclusive agency" and a
"sole agency" is the extent of the entitlement of a selling agent to receive an agreed commission or other reward on the sale of particular property.

(2) Under an
"exclusive agency" , a selling agent is entitled, on the sale of particular property and in accordance with the terms of an agreement with the seller of the property, to receive an agreed commission or other reward, whether or not the selling agent is the effective cause of the sale.

(3) However, if the sale was subject to a
"sole agency" , the selling agent would not be entitled to the commission or other reward if the seller was the effective cause of the sale.

Example—

Facts—S is the owner of a place of residence that S appoints R to sell. B buys the place of residence.
Assume for the example that in the following circumstances the following persons are the effective cause of the sale—

• case 1—R

• case 2—X (another property agent)

• case 3—M (S’s mother)

• case 4—S.

If the selling agent is appointed under an exclusive agency, R is entitled to an agreed commission or other reward in accordance with the terms of R’s agreement with S in cases 1, 2, 3 and 4. If the selling agent is appointed under a sole agency, R is entitled to an agreed commission or other reward in accordance with the terms of R’s agreement with S only in cases 1, 2 and 3.

(4) In this section—

"seller" , of property, means the person authorising the sale of the property.

"selling agent" , of property, means a property agent appointed under a written agreement under this Act by the seller to sell the property.