Queensland Consolidated Acts Queensland Consolidated Acts(1) A resident letting agent must not act as a resident letting agent for a person (the client) to perform an activity (service) for the client unless--
(a) the client first appoints the letting agent in writing under this section; or
(b) a previous appointment by the client is assigned to the letting agent under the terms of that appointment or under section 115A and the appointment is in force.
Maximum penalty--200 penalty units.
(2) The appointment may be for the performance of--
(a) a particular service (single appointment); or
(b) a number of services over a period (continuing appointment).
(3) The appointment must--
(a) state the service to be performed by the letting agent and how it is to be performed; and
(b) state--
(i) in the way prescribed under a regulation, that fees, charges and commission payable for the service are negotiable up to any amount that may be prescribed under a regulation; and
(ii) for a single appointment, if commission is payable and expressed as a percentage of rent, the amount of commission expressed in dollars based on the listed rental charge; and
(c) state--
(i) the fees, charges and commission payable for the service; and
(ii) the expenses, including advertising and marketing expenses, the letting agent is authorised to incur in connection with the performance of the service; and
(iii) the source and the estimated amount of any rebate, discount, commission or benefit that the letting agent may receive in relation to any expenses that the letting agent may incur in connection with the performance of the service; and
(iv) any condition, limitation or restriction on the performance of the service; and
(d) state when the fees, charges and commission for the service become payable; and
(e) if a service to be performed is the letting of lots or the collecting of rent and commission is payable in relation to the service and expressed as a percentage, state that the commission is worked out only on the actual amount of rent collected.
(4) A continuing appointment must state--
(a) the date the appointment ends; and
(b) the appointment may be revoked on the giving of 90 days notice, or some lesser period (not less than 30 days) agreed by the parties.
(5) The notice revoking a continuing appointment must be by signed writing given to the other party.
(6) The revocation of a continuing appointment does not affect existing contracts entered into by the resident letting agent on behalf of the client.
(7) The appointment must be signed and dated by the client and the letting agent or someone authorised or apparently authorised to sign for the letting agent.
(8) The letting agent must give a copy of the signed appointment to the client.
Maximum penalty for subsection (8)--200 penalty units.