Australian Capital Territory Consolidated Acts

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AGENTS ACT 2003 - SECT 89B

Contracts for sale of residential property

    (1)     An agent or salesperson may do any of the following:

        (a)     insert into a proposed contract for the sale of residential property any of the following:

              (i)     the name and address of, and contact details for, the buyer;

              (ii)     the name and address of, and contact details for, the buyer's lawyer;

              (iii)     the purchase price;

              (iv)     the date of the contract;

        (b)     insert in, or delete from, a proposed contract for the sale of residential property a description of any furnishings or goods to be included in the sale of the property;

        (c)     take part in an exchange of contracts or the making of a contract for the sale of residential property.

    (2)     An agent or salesperson must not insert a special condition into a proposed contract for the sale of residential property.

Maximum penalty: 10 penalty units.

    (3)     An offence against subsection (2) is a strict liability offence.

    (4)     If a prospective party to a proposed contract for the sale of residential property for whom an agent or salesperson acts tells the agent or salesperson, or it is apparent from the proposed contract, that a lawyer is or will be acting for the party, the agent or salesperson must not take part in the exchange of contracts or the making of the contract unless expressly authorised to do so by the party or the lawyer.

    (5)     A contract is not invalid only because of the failure of an agent or salesperson to comply with subsection (4).

    (6)     An agent or salesperson must not charge a fee for anything authorised to be done under this section.

    (7)     In this section:

"residential property"—see the Civil Law (Sale of Residential Property) Act 2003 , section 8.



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