Additions / Changes:

Item S

Special Conditions:

(a) Were inserted under instruction by a party to this Appointment; and/or

(b) Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (U), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.

Item U

The parties have been advised to seek legal advice with respect to this Appointment, including Special Conditions.

Additions / Changes:

Clause 9.6

The Client must have public liability insurance and be covered for a minimum of 10 million dollars, in addition to any insurance provided by a body corporate for common areas. Such policy must be maintained for the term of this Appointment and the Client must upon request provide a certificate annually confirming the currency of such policy.

Additions / Changes:

Item F

Where the Tenant is responsible for payment of Water Consumption Charges a copy of the water rates notice must be provided.

Additions / Changes:

Item B

Rent Collection: (Refer to Property Agents and Motor Dealers Regulation 2001, Schedule 1A,  Sections 33(1)(a) and 33(1)(b))

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1A,  Sections 32(1)(a) and 32(1)(b))

Item F

Water:  (Water Consumption Charges are only payable if the Property is separately metered)

From 1st April 2008 new laws apply with respect to Water Consumption Charges under the Residential Tenancies Act 1994.

Tick only one of the boxes below:

Clause 21(11)

Water Consumption Charge:  is the variable part of a water service charge assessed on the volume of water supplied to the Property.

Additions / Changes:

Item B

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1,  Sections 32(1)(a) and 32(1)(b))

Additions / Changes:

Item B

YOU MUST EXPRESS THE COMMISSION IN BOTH FORMATS

Rent Collection: (Refer to Property Agents and Motor Dealers Regulation 2001, Schedule 1,  Sections 33(1)(a) and 33(1)(b))

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1,  Sections 32(1)(a) and 32(1)(b))

Item C

Item Reformatted

Clause 1.3

The Agent is authorised to contact the Client in respect of other services which may be of interest or benefit to the Client.

Clause 5.2

Notwithstanding the monetary amounts listed in Part (5) of the PAMD Form 20a and Item (B) of the Item Schedule, the actual amount of Commission will be calculated based on the percentage set out in Part (5) of the PAMD Form 20a. (Item (B) of the Item Schedule)

Clause 7

Client’s Obligations Regarding Tenancy (Refer to the Residential Tenancies Act 1994, S103 for obligations generally full details)

Clause 7.1(5)

a minimum of one phone line is available to be connected to the Property. (Note: costs associated with the connection of the service are the responsibility of the Tenant, unless otherwise specified)

Changes as per Office of Fair Trading

Additions:

Item U

WARNING: By signing this Appointment the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent.  The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.

Additions:

Clause 22

Where such information is required to be entered on the approved form, information contained in the Item Schedule and the Terms of Appointment shall apply to the approved PAMD 20a form.

Changes:

Terms Heading

Terms of Appointment (being a schedule to and forming part of the approved PAMD 20a form)

Changes:

Clause 13.1

The Client indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment from:

The Agent will be compensated by the Client in respect of any loss sustained by the Agent actions, claims, demands, losses, costs, damages and expenses arising out of this Appointment or resultant upon any act, omission or negligence on the part of the Client.

Changes:

Item U

Prior to signing the Agent should sight the Client’s Public Liability certificate of currency.

Additions:

Item R

ADDITIONAL INSTRUCTIONS

Additions:

Item Q

1) Smoke alarms are/are not installed in accordance with Part 9A, Division 5A of the Fire and Rescue Service Act 1990.

2) Service and maintenance of smoke alarms:

   (a) Date smoke alarm last tested and cleaned: …../…../……

   (b) Date smoke alarm batteries last changed: …../…../……

   (c) Service life as indicated by the manufacturer’s warranty: …………………………..

3) The Client does/does not authorise the Agent to perform the Client’s duties in respect to smoke alarms.

{From the 1st July 2007 owners of all houses and units (domestic dwellings) in Queensland must install and maintain smoke alarms in compliance with the Fire and Rescue Service Act 1990 as amended}

Clause 8

In the event of the Property being transferred by the Client:

Clause 12.2

The Agent is authorised to obtain from the Body Corporate a copy of current by-laws.  A copy of such by-laws are to be provided to all Tenants by the Agent upon occupying the Property.

Clause 12.3

The Client must instruct the Body Corporate to provide the Agent with revised by-laws when and if such by-laws are amended.

Clause 15.3

Upon Termination of this Appointment the Client must pay, within the time period specified in Part (4) of the attached PAMD Form 20a, to the Agent all Fees and Commission then due and owing to the Agent.

Clause 16

If G.S.T. is not ticked in Item (D) of the Item Schedule then G.S.T. shall be payable in addition to the listed Fees and/or Charges.

Clause 21

In this Schedule the following terms mean:

Changes:

Item N

Electrical Repairs:   ……………………………………   Phone:  ..(……)……………...

Plumbing Repairs:   ……………………………………   Phone:  ..(……)……………...

Building Repairs:     ……………………………………   Phone:  ..(……)……………...

Other:                    ……………………………………   Phone:  ..(……)……………...

Clause 4

The Client will be in breach of this Appointment should the Client fail to observe the provisions of any General Tenancy or other agreement entered into during the term of this Appointment under the Residential Tenancies Act 1994 as amended. In the case of a breach which results in termination of the General Tenancy Agreement the Client must pay to the Agent:

'General Tenancy Agreement' means any Tenancy Agreement with respect to the letting of the Property which Agreement will conform with the requirements of the Residential Tenancies Act 1994 as amended.

Clause 5.1

The Client will pay all Commission as more particularly detailed in Part (5) of the attached PAMD Form 20a.(Item (B) of the Item Schedule)

Clause 7.1

At the start of the tenancy the Client must ensure, at their own cost:

Note: Prior to occupancy the Landlord should have the Property inspected by someone with appropriate experience in house maintenance.

Clause 10

Clause 13.1

The Client indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment from:

This means The Agent will be compensated by the Client, in respect of for such actions, claims, demands, losses, costs, damages and expenses arising out of this Appointment or resultant upon any act, omission or negligence on the part of the Client. in respect to this clause.

Clause 18

Any Special Conditions to this Appointment contract shall form part of this Appointment contract.  Should there be inconsistency between these Terms or Appointment and a Special Condition, the Special Condition will apply.

Changes:

Item F

Additions:

Clause 5.2

Notwithstanding the monetary amount listed in Part (5) of the PAMD Form 20a, the actual amount of Commission will be calculated based on the percentage set out in Part (5) of the PAMD Form 20a. (Item (B) of the Item Schedule)

Changes as per Office of Fair Trading

Additions:

Clause 1.2

The Agent is authorised to assign this Appointment provided such assignment is made in accordance with the terms and conditions of this Appointment.

Additions:

Item Q

An Electrical Safety Power Switch is/is not installed for general purpose socket outlets.

(A Licensed Electrician can advise in relation to this requirement)

Clause 14

If an Electrical Safety Switch is not installed on the Property or was installed prior to 1st June, 1992, the Client must install a new Electrical Safety Switch by the earlier of:

(See Section 80A of the Electrical Safety Regulation 2002)

Changes:

Clause 17

Reference to relevant Legislation includes Queensland Government Legislation generally but particularly the Property Agents & Motor Dealer's Act 2000, regulations and amendments thereto, including (Real Estate Agency Practice Code of Conduct) Regulation 2001, Property Law Act, Electrical Safety Regulation 2002 and the Residential Tenancies Act 1994 as amended.

Additions:

Clause 19

By signing this Appointment all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Appointment and any other related appointments, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).

Changes:

Clause 3.1

If the Client by this Appointment appoints the Agent as Exclusive Agent for letting the Client will for the duration of this Appointment refer any prospective tenants of which the Client becomes aware to the Agent.

Additions:

Item B

LETTING APPOINTMENT TYPE

All other Item Letters change accordingly

Clause 3.2

All appointments for the collection of rent and other property management services are Exclusive.

Changes:

Clause 6

The client will pay all Fees and Charges as detailed in Item (6) and Expenses as detailed in Item (7) of the attached PAMD Form 20a or as outlined in Items (B), (D) & (E) in the Item Schedule. The Client authorises the Agent to deduct all such Fees, Charges, Expenses and other outlays owing to or incurred by the Agent in association with this Appointment where possible from rent collected.

Clause 10.7

Clause Deleted

Additions:

Clause 7.1(2)

Note: Prior to occupancy the Client should have the Property inspected by someone with appropriate experience in house maintenance.

Changes as per Office of Fair Trading

Changes:

Clause 18

The Agent collects and uses personal information obtained from you as Client to provide the services required by you or on your behalf. You as Client agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) to third parties for (where applicable) marketing, and sales promotion and administration and as required for legislative and regulatory requirements and relating to promotion administration and use of the Agents products and services. Without provision of certain information the Agent may not be able to act effectively or at all on the Client's behalf. The Client has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.

Changes:

Clause 10.2

The Agent must organise repairs and maintenance (ulitlising where necessary a licenced trades person) through a licensed trades person and where possible utilise those services of the persons detailed in Item O of the Items Schedule.

Changes:

PAMD Item 6

Note: The maximum amount of expenditure which a tenant may incur for emergency repairs is an amount equal to two weeks rent (S127 (1) Residential Tenancies Act 1994)

Changes:

Clause 14.1

Either party may terminate this Agreement shall be in accordance with the terms of Clause 4.2 of the attached PAMD 20a unless not specified in the said PAMD 20a in which case Termination shall be in accordance with Section 133 (4) (b) etc….

Changes:

Clause 3

If the Client by this Agreement appoints the Agent as Exclusive the Client will for the duration of this Agreement refer any prospective tenants of which the Client becomes aware to the Agent.

Clause 13.1 (e)

the Agent acting on behalf of the Client under this Agreement.

Additions:

Item B Commision

Rent Collection: (Refer to Property Agents and Motor Dealers Regulation 2001, Schedule 1, Sections 33(1)(a) and 33(1)(b))

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1, Sections 32(1)(a) and 32(1)(b))

Changes:

Item E

Add reference to Clause 10.7

Changes:

Clause 7.1 (4)

after the Tenancy Agreement is signed provide keys to the premises to the Agent and tenant/s for each lock as provided in accordance with Section 120 of the Residential Tenancy Act 1994.