Who can open a property for inspection?

A relative who lives overseas wishes to sell privately and wants a friend to open his property for inspection . The solicitor would be handling the sale of the property. Is this legal in Queensland?

 

I dont see why it wouldnt be, so long as all paperwork required prior to showing is completed. eg in NSW its not legal to show a property to prospective buyers without a contract of sale first being drawn up and available to view

 

That's interesting. One might argue that they are facilitating the sale of a property without a valid appointment. I would get legal advice.

 

If they can prove (email) they are an agent for the owner surely they can open the house up? The negotiations would be handled by the owner and solicitors (facilitating sale). I do not know of any legal issues with this, just get written permission.

 

As agents, we're not allowed to do anything that might be construed as acting in the capacity as an appointed agent without a valid Form 6 agreement. This covers anything from viewings all the way to something as simple as specific advice. In extension, even with the correct appointment in place, someone who is not registered or licensed to act as an agent is not allowed to have anything to do with the property at all (for example, a receptionist isn't even allowed to give out information about a listed property to an interested party without a registration).

I'm not entirely sure if/how this applies to private parties who in no way outside of this specific dealing act as a Real Estate Agent, but it's worth asking for advice on.

 

Although the person showing the property should be working in the capacity of (licensed) agent or under an agent, they would not be entitled to claim any agency fee or commission for their work. It may be possible if they're appointed under a (limited) power of attorney.

Yes, they are acting as an agent of the owner - what are they allowed to do for the owner?

As @Tom Rivera said before, seek legal advice.

 

All offers would be made through the Solicitor. The person opening the property would open the the property and do no more. Clearly no fee would be provided to the person opening the property.

 

They're still seen to be representing the owner in a way that could be construed as being in the capacity of an agent, regardless of whether there is remuneration involved or direct discussion of a transaction.

 

Anything is possible, Im sure a solicitor can manipulate the law to suit this transaction.

The world is changing so quickly and everything needs to change with it.

Seek advice from the lawyer and go from there.