« Index of all Property & Leasing eNews articles | February 2010


PAMDA just one of many hazards in 2010

We are saddened to report that since the start of our PAMDA reform campaign in August, there has been exactly zero Office of Fair Trading (OFT) progress in dumping the absurd residential contract presentation process and overhauling the ludicrous form 30c warning statement.

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Despite promises, Fair Trading minister Peter Lawlor is yet to deliver on anything.

As stated in our November eNews his delay costs the property industry (as well as buyers and sellers) millions of dollars each month the regulatory mess goes on.

Our minimum demands on reform are an unequivocal repeal of PAMDA sections 365 & 366 - consigning to the trash bin once and for all - the bizarre and costly process that even senior OFT officers have called "over the top".

As for the warning statement, this should be incorporated into the contract itself so it has maximum effectiveness for consumer protection rather than a bureaucratic add-on that buyers dismiss as a bothersome extra form.

Don't think that PAMDA is the only hurdle agents’ must keep jumping over during 2010. There are plenty of other hazards that can bring your sale to a crashing halt:-

  • Environmental Protection Act (EPA) - contaminated land. Requirement to give pre-contract notice regarding affected property;

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    Peter Carter
    Property & Leasing Partner

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    Body Corporate and Community Management Act (BCCMA). Requirement to give correct and valid Disclosure Statement properly positioned in the PAMDA presentation process;
  • Land Sales Act (LSA). Disclosure or exemption required. Further disclosure required if any material change;
  • Heritage Act. Requirement to give pre-contract notice regarding affected property;
  • Vacant land - no residential use. Requirement to give pre-contract PAMDA s 149 notice.
  • Sustainability declaration - required to give declaration when marketing. Seller liable for misleading content.

In most of the above cases, an agent responsible for the giving of a relevant notice can be sued for non-compliance by an unhappy seller whose transaction is crashed due to non-compliance.

Our first goal for early 2010 must be to get PAMDA mess fixed immediately. Then we can move on to reform the other processes.

Click here to send a pre-completed PAMDA protest email to the Hon. Peter Lawlor urging genuine PAMDA simplification »

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