Qld Court of Appeal finds agent not entitled to commission because of incomplete PAMDA form
On 15 July 2011 the Queensland Court of Appeal handed down its decision denying an agent entitlement to a commission of $226K because the agent failed to complete a section of a PAMDA form. In Yong Internationals v Gibbs [2011] the Court of Appeal ruled that an agent’s appointment was invalid due to the failure of the agent to complete section 4.1 of the PAMDA Form 22a which specifies how the services to be provided by the agent are to be performed.
This case was recently discussed at Kelly Legal’s ‘Property Risk Management Seminar’ which was held in Brisbane on 8 August 2011. In this article, Paul Watkins, Senior Associate, at Kelly Legal discusses the implications of the case for real estate agents and provides a suggested form of words to be used by agents when completing section 4.1 of the PAMDA Form 22a. For more information refer to the full article on the publications page.
