In its infinite wisdom, the Qld government has yet again amended all PAMDA forms and mandated the old ones must not be used after September 2009.
The changes which impose significant compliance overheads on all real estate agencies and developers appears mainly necessitated by the change of name to the government department that administers PAMDA.
The general changes to all the new forms include:
- The reference to the Department of Justice and Attorney General has been changed to the new Department of Employment, Economic Development and Innovation (“DEEDI”);
- The format and fonts.
The following relates to the most frequently used PAMDA conveyancing forms.
Form 30c
The new (current) version is Version 5. Version 4 may still be used until 30 September 2009.
The only specific change to this form appears to concern the provision for the Buyer to sign which includes separate name and signature lines for up to 2 buyers.
The bureaucracy does not appear to have considered what happens if there are more than 2 buyers. Previously, each buyer could sign on the one signing line and their name could be entered below. As a work around for the new forms, we recommend that if there are more than 2 buyers, the pre-printed signing spaces be divided with another vertical line.
The Form 30c must still be attached as the top sheet, followed by the proposed contract. It (the form 30c) must be signed by the buyer before the proposed contract is signed and of course, the content of the form must be separately drawn to the buyers’ attention.
There are financial penalties for non-compliance, apart from the liability risks that might flow from a contract being terminated.
Form 27c
The new (current) version is Version 4. Version 3 may still be used until 30 September 2009.
The only non-cosmetic change to Form 27c is that a warning has been included at the top of the 1st page advising the buyer to seek independent legal advice before signing the form.
The manner in which the form is completed remains unchanged.
Form 22a
The new (current) version is Version 5. Version 4 may still be used until 30 September 2009.
The following non-cosmetic changes have been made to the form:
- Part 2 now includes a space for your logo!
- Part 3, the property details has now been extended to include suburb, state and post code
We recommend that all Real Estate Agents familiarise themselves with the new forms and implement them sooner rather than later.
The new forms are available on the DEEDI website: http://www.fairtrading.qld.gov.au.
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