PAMD Form 30c Warning Statement - Holding Redlich

2 PAMD Form 30c – Warning Statement Most contracts for the sale of land are prepared by the seller’s property agent. The Property Agents and...

23 downloads 752 Views 347KB Size
2

PAMD Form 30c –Warning Statement Most contracts for the sale of land are prepared by the seller’ s property agent. The Property Agents and Motor Dealers Act (PAMD Act) requires a warning statement, in the approved form be attached to the contract, as its first or top sheet. In the recent decision of MNM Developments v Gerrard, some practices of agents came under scrutiny. The decision concluded that the requirements of the PAMD Act are prescriptive and any deviation from the requirements may result in an invalid contract. In this case, the seller’ s agent sent to the buyer a continuous fax comprising, in this order, a cover sheet, disclosure statement, warning statement and the contract. The buyer’ s director signed the disclosure statement, the warning statement and the contract, in that order, and faxed the executed documents back to the seller’ s agent. One day before settlement, the buyer terminated the contract on the basis that the seller failed to comply with the PAMD Act because the warning statement was not attached to the contract. The Court of Appeal made the following findings:



A contract concluded by facsimile transmission would not satisfy the requirements of the PAMD Act.



The warning statement must be presented on top of the contract so that it has the effect of bringing the contents of the warning statement to the purchaser’ s attention prior to the signing of the contract.



Negotiations can be done by fax, but the act of contracting must be done by the exchange of original documents.

In light of the decision, the State Fair Trading Minister has issued a warning to the property agents to make sure buyers and sellers sign original contracts.

Disclaimer The information is this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.