M&D Realty - Terms and Conditions Policy (Formal Legal Version)
1. Introduction
This Terms and Conditions Policy governs the relationship between M&D Realty Pty
Ltd (the Agent) and the property owner or client (the Principal). By executing a Form
6 Appointment of Agent the Principal agrees to be bound by these Terms as well as
all relevant Queensland legislation including the Property Occupations Act 2014, the
Residential Tenancies and Rooming Accommodation Act 2008, the Agents Financial Administration Act 2014 and all associated regulations.
2. Scope of Appointment
The Agent is authorised to perform the services specified in the executed Form 6.
The scope may include property management, leasing, inspections, marketing and financial administration as selected by the Principal.
All services will be carried out with due care, skill and diligence consistent with
accepted professional real estate practice in Queensland.
3. Compliance Obligations
The Principal acknowledges that they are legally responsible for ensuring their
property meets all legislative requirements including but not limited to:
- Minimum Housing Standards
- Smoke alarm legislation for interconnected photoelectric alarms
- Electrical safety switch obligations
- Pool safety certifications
- Fire safety and emergency repair obligations
- Water efficiency requirements (where water charging applies)
The Agent will provide guidance on compliance requirements and may recommend specialist providers. The Principal remains solely responsible for compliance and any penalties arising from non-compliance where recommendations have not been followed.
4. Marketing Authority
The Principal authorises the Agent to market and advertise the property using
photographs, video, floorplans and digital content.
The Agent may publish such materials on real estate portals, social media platforms,
the Agent's website or other marketing channels solely for the purpose of promoting
the property.
All marketing representations will be made in accordance with the Property
Occupations Act and must be accurate, lawful and not misleading.
5. Tenant Selection and Screening
The Agent will undertake reasonable due diligence when assessing tenancy
applications. This includes identity verification, employment checks, rental history checks and tenancy database checks permitted under the Residential Tenancies and Rooming Accommodation Act.
The Agent will present a summary of qualified applicants and recommendations. The Principal retains the final decision regarding the approval or rejection of any
application.
6. Repairs and Maintenance
The Agent will coordinate repairs and maintenance in accordance with legislative
timeframes.
The Agent may engage licensed, insured tradespersons from an approved panel.
The Principal's approval must be obtained for non-urgent repairs prior to
commencement.
The Agent is authorised to act without prior approval where emergency repairs fall
within the definitions of the Residential Tenancies and Rooming Accommodation Act.
If the Principal elects to use their own trades they must ensure those providers hold
all required licences and insurances. The Agent accepts no liability for work
performed by non-compliant trades.
The Agent is in the process of implementing the Tapi maintenance platform which
integrates with PropertyMe to increase transparency and efficiency for all parties.
7. Financial Administration
All rent, bonds and trust account transactions will be handled in accordance with the Agents Financial Administration Act.
The Principal will receive monthly statements and end-of-financial-year statements.
Funds will be disbursed according to the authority set out in the Form 6.
The Principal authorises the Agent to deduct fees, charges and approved invoices
from rent received.
8. Entry and Access
All entries to the property will be conducted in strict compliance with the Residential
Tenancies and Rooming Accommodation Act.
The Agent will provide tenants with the required notice of entry except where
emergency entry is permitted by law.
9. Privacy
The Agent will collect, store and use personal information in accordance with the
Privacy Act 1988.
Information will be used only for the purposes of providing real estate services or
where disclosure is required by law.
10. Dispute Resolution
The Principal must notify the Agent in writing of any concerns or disputes.
The Agent will make reasonable efforts to resolve the matter promptly and
professionally.
For tenancy-related disputes the Agent may utilise the RTA conciliation process or
refer matters to QCAT where required by law.
11. Fees and Charges
All fees payable to the Agent are set out in the Form 6.
Additional charges may apply for marketing, tribunal applications, court appearances
or specialised services.
All fees are GST inclusive unless otherwise stated.
12. Limitation of Liability
The Agent is not liable for:
- Losses arising from market fluctuations
- Tenant negligence or malicious damage
- Non-compliance resulting from the Principal's failure to follow
recommendations
- Work performed by the Principal's preferred tradespeople
- Delays or losses caused by third parties outside the Agent's control The Agent will act in good faith and perform services with due care, skill and diligence at all times.
13. Termination
The Principal may terminate the appointment in accordance with the Form 6
authority and relevant Queensland legislation.
Any outstanding fees or approved costs must be paid prior to termination taking
effect.
14. Amendments
The Agent may amend these Terms to reflect changes in legislation or agency
operations.
The Principal will be notified of material changes.