In this blog we explain what QLD Real Estate Agents can and cannot do regarding working over the Easter break and Anzac day! 

This video/blog is great for - QLD real estate agents who want to know more about the Easter & Anzac Day Public Holidays and how that will affect them doing their job! 

Prefer to watch/listen? Click here to consume this content via YouTube!

Hi everybody - George Sourris, Empire Legal.

Today's topic: QLD Real Estate - Trading over Easter and Anzac Day 2024.

Hey everybody, George Sourris from Empire Legal. This week we're talking about trading over Easter and Anzac Day. Thank you to the REIQ for the article they've put out this month explaining this topic.

Okay, so, with Easter and Anzac Day approaching, it's important that Real Estate Principal's familiarise themselves with their rights and obligations during these periods. 

Trading Laws.

Real estate agencies are considered to be an "office" for the purposes of the Trading Allowable Hours Act (1990) QLD. As such, real estate agencies are not prohibited from opening or conducting business, including conducting property inspections, holding auctions, open homes, etc over the Easter long weekend.

Pursuant to Section 34 of the Trading Hours Act, it is prohibited to conduct the business of SELLING real estate on Anzac Day. Whilst it would be permissible to conduct work associated with the LEASING of real estate on Anzac Day, any agencies which operate business on Anzac Day should ensure the sales staff do NOT attend the office or conduct ANY work, even remotely, including open homes and even responding to emails or telephone calls regarding real estate sales. 

Penalties for breach of the trading laws are a maximum of $6,192 per breach for an individual, or up to $30,960 for a corporation.

Statutory cooling off period for sale of real property in Queensland. 

Contracts for the sale of residential property in Queensland are subject to a five business day statutory cooling off period - unless expressly waived by the buyer or where the property is sold, subject to auction conditions.

We all know that, right? So the statutory cooling off period starts on the date the buyer receives a copy of the contract that is signed by all parties and ends at 5:00PM on the fifth business day.  Where the fifth day after a buyer receives a copy of the contract, duly signed, is a Public Holiday, the statutory cooling off period will expire on the next business day. 

Keep in mind that if that falls throughout this Easter break Public Holiday period of the Friday to Monday inclusive, it's going to default to the Tuesday (the next business day).  Agents should therefore ensure they retain adequate records evidencing the date of delivery of the signed contract to the buyer in order to properly respond in the event that a dispute arises surrounding the effective period of the cooling off.

Obviously email is the normal method that real estate contracts are distributed - so it'll be in your emails.

Thanks again guys - have an excellent Easter break and a great ANZAC day ahead and we'll see you next week.

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George Sourris. Empire Legal.

If you have any questions, you can email me: george@empirelegal.com.au. 

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Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Gold Coast, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.