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Is a form 6 valid if commission is not stated

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Ysterberg View Drop Down
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Joined: 02/March/2019
Location: Australia
Posts: 1
  Quote Ysterberg Quote  Post ReplyReply Direct Link To This Post Topic: Is a form 6 valid if commission is not stated
    Posted: 02/March/2019 at 15:49

We are about to sell out property and engaged an agent we had used before. The Form 6 signed but commission not stated instead it was crossed through and written " to be confirmed in writing" which we all initialled. It has not been discussed as yet
The property hasn't even had marketing pics taken nor is it on any internet site as we had some work to do but found a buyer ourselves.
Form 6, Part 7 – Commission states "It must be written as a percentage or dollar amount"
So in effect the agent has done nothing

Is the Form 6 valid if not filled in properly? Can they enforce a commission?... Which hasn't been determined

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 02/March/2019 at 22:59
Take a look at the Queensland Gov, directions to agents regarding Form 6, see Click Here

In this you will see one of the requirements is :The appointment to act must set out: ---- the commission, fees and expenses that the client will pay you for your services.

As the agent has not done this, I believe that they do not have a valid contract to sell your place.

Perhaps you should advise the agent that you will not be engaging them to sell the property as no commission has been agreed, and they have failed to take the marketing pictures, and in any case you have found a buyer without any assistance from them.

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