Jones v Knobel & Davis Property Services P/L

[2008] QCA 105

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Professions and Trades
2. › Auctioneers and Agents
3. › Real Estate Agents
4. › Remuneration
5. › Requirement of appointment in writing
6. › Whether agent who performed pre-appointment activities barred from recovering commission for post-appointment sale
7. › Property Agents and Motor Dealers Act 2000 (Qld), ss 128, 133, 134, 140
1. Statutes
2. › Interpretation
3. › Purposive construction
4. › Consumer protection legislation
5. › Whether consumer protection purpose requires denial of commission where appointment obtained before sale contract executed
6. › Property Agents and Motor Dealers Act 2000 (Qld), s 140
7. › Acts Interpretation Act 1954 (Qld), s 14A

Quick Take

A real estate agent who performs work prior to obtaining a written appointment under s 133 of the PAMDA is not barred by s 140 from recovering commission where the sale contract is entered into after the appointment is executed and the appointment defines the service prospectively. The 'activity' in s 140 refers to the overall service (e.g., the sale) rather than each individual item of work. Pre-appointment work exposes the agent to penalties and disciplinary action under s 133, and pre-appointment costs and expenses are irrecoverable, but the agent may cure the default by obtaining a valid appointment before the sale is effected.