QLD Form 6 invalid?

[A Skipton]

If an exclusive agency agreement (form 6) has been signed but the agent does not provide me with a copy of the signed document would this render the appointment invalid? It also appears the agent has appointed himself for more than the maximum of 90 days. As he has breached the property occupations act, would he be successful in suing for commission?

 

[Docupedia]

This is covered by the Property Occupations Act 2014 (Qld).
See section 109 - Giving signed appointment to client
Section 112 - Other ineffective appointments and reappointments (PROPERTY OCCUPATIONS ACT 2014 - SECT 112 Other ineffective appointments and reappointments)

Section 109 provides a penalty if not complied with - it doesn't invalidate the appointment. Contrast this with section 103 which renders an appointment ineffective pursuant to section 112(3) (PROPERTY OCCUPATIONS ACT 2014 - SECT 103 Particular requirements for appointing property agent for sole or exclusive agency).

However, section 112 does provide that an exclusive appointment for residential property for more than 90 days is ineffective from the beginning (i.e. not just for the 'extra bit').