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REIQ Journal : October 2008
LEGAL ISSUES 35 How else can you attach a warning statement if sending by fax or email? Faxing warning statements Section 366 of the PAMD Act (as amended) deals with the circumstances in which a “proposed relevant contract is faxed to a proposed buyer or the proposed buyer’s agent for signing” and sets out the order in which the document must be faxed, namely: 1. A single cover page directing attention to the warning statement; 2. The warning statement; 3. The proposed relevant contract; and 4. Any other documents (for example, PAMD 27 C Disclosure to buyer) Electronic communication of warning statements Section 366A of the PAMD Act (as amended) prescribes that if communication is by electronic communication other than fax (for example, email), then that communication must contain: a message that includes a clear statement directing the proposed buyer’s attention to the warning statement and the proposed relevant contract; and a single document, consisting only of the warning statement and the proposed relevant contract, that is protected against unauthorised change, with the warning statement appearing as the first or top page of the document. In employing facsimile or electronic communication, the parties must comply with the Electronic Transactions (Queensland) Act 2001 (“the ETQA”). Section 11 of the ETQA states that for a warning statement to be effectively sent by fax or email: the seller or its agent must retain the transmission for future reference; and the buyer must provide consent (preferably written) to electronic communication. Who may waive PAMD Act rights? In a nutshell, only the buyer may waive PAMD Act rights. XXX XXXX XXX XXXX XXX XXXX XXX XXXX XXX XXXX XXXXXX quick reference to be included here to the PAMD 21a – Lawyers Certification, to clarify that only a lawyer can waive REIQ Journal October 2008