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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
17 May 2012 v1.6
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Item 8.1
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At the end of the term of the Exclusive Selling Period (Item 6), unless terminated, this Authority will continue as a Non Exclusive Selling Authority for a period of
.. days. Note: Where no days are inserted, the period shall be 1 Business Day.
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Clause 1.1(5)
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Expenses: any cost or charge incurred by the Agent (including in respect of advertising or marketing) in carrying out the Agents obligations under this Authority. less any rebate, discount, commission or other benefit received by the Agent in respect of such Expenses.
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Clause 7.3
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The Selling Fee will be calculated on the actual price the Property is sold for (Selling Price) notwithstanding such Selling Price may be greater or less than the Vendors Sale Price set out in Item (4).
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Clause 7.7
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The Vendor acknowledges before entering into this Authority that the Agent has provided a printed guide to the Agents Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.
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Clause 7.13
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The parties agree a Buyer will have been introduced to a property where the Agent has been a source of information with respect to bringing to the attention of a Buyer that such property is available for purchase.
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Clause 11
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The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Authority.
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31 Mar 2011 v1.5
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Item 12
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The Vendor confirms, prior to signing this Authority, the Agent advised that Expenses and Commission payments were subject to negotiation. Vendors Initials:
..
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Item 15
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'INTEREST PAYABLE BY VENDOR ON OVERDUE MONIES' item removed
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Item 17
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'GST ON SALE' item removed
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Item 16 Note
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The Special Conditions are inserted under instruction from a party to this Authority and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent. Legal advice should be sought.
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Clause 1.1(5)
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Expenses: any cost or charge incurred by the Agent (including in respect of advertising or marketing) in carrying out the Agents obligations under this Authority, less any rebate, discount, commission or other benefit received by the Agent in respect of such Expenses.
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Clause 4.4
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Where authorised in writing to do so by the Vendor, the Agent may:
(1)
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participate in the exchange or filling up making of the sale contract. where authorised to do so by the Vendor.
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(2)
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sign the Contract where the terms have been agreed to by the Vendor.
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Clause 7.4
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The Vendor authorises and directs the Selling Fee and Expenses (including taxes and GST if applicable) to be paid to the Agent by the person holding the deposit monies or other monies due under the contract for the sale of the Property, be that the stakeholder or other person as provided herein. The Authority shall be sufficient authority and discharge for such payment.
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Clause 8
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Any monies payable under this Authority by the Vendor to the Agent (or any judgment given in respect of this Authority) not paid when due will attract Interest from the due date for payment, to the date of payment at the rate prescribed by the Attorney General in accordance with the Penalty Interest Rates Act 1983. in Item (15).
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Clause 11
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The parties agree and confirm documents may be forwarded electronically to a person if that person the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Authority.
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Clause 14
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14.1
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The Agent collects and uses personal information provided by you as the Vendor to provide the services required by you or on your behalf.
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14.2
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You as the Vendor agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to:
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(1)
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potential buyers; and/or
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(2)
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data collection agencies; and/or
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(3)
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Owners Corporations & financial institutions; and/or
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(4)
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other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration and complying with legislative and regulatory requirements.
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14.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Vendors behalf.
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14.4
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The Vendor has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
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15.5
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By signing this Authority the Vendor consents to the collection and use of information as provided for in this Privacy Statement.
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01 Jan 2011 v1.4
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Item 9
Note
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Note: Terms must not be unfair, refer Schedule 1, Part 2-3 of the Competition and Consumer Act 2010 (Cth).
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Clause 11
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The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Authority.
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16 Jun 2010 v1.3
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Item 17
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In most cases GST is not applicable to the sale or purchase of real property for residential purposes however, should the transaction be known to be subject to GST tick one of the options below:
__
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Selling Price includes G.S.T - (The Agent is authorised to advertise the Property using the G.S.T inclusive Selling Price in accordance with the Australian Competition & Consumer Commissions real estate industry requirements )
eg. (a) $450,000 + $45,000 GST = $ 495,000 including GST; OR (b) $495,000 including GST
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__
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GST may be payable on the Selling Price but the amount of GST is not accertainable until the sale contract has been entered into in accordance with the Australian Competition & Consumer Commissions real estate industry requirements. (The Agent is authorised to advertise the Vendors Sale Price and must clearly state that GST may be payable in addition to the Sale Price )
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19 Apr 2010 v1.2
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Item 3.1
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Address:
..
Real Property Description:
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Item 4
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Note: Vendor should obtain independent advice
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Item 6
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This Exclusive Selling Period will be for a period of
days from the date of signing this Authority. on
and concludes on
unless extended in writing by the Vendor.
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Item 8
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8.1
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At the end of the term of the Exclusive Selling Period (Item 6), unless terminated, this Authority will continue as a Non Exclusive Selling Authority for a period of
.. days.
The Vendor Agrees: __ Yes __ No Vendors Initials:
..
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8.2
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Either party may terminate this Authority during the non exclusive selling period at any time on the giving of not less than
days written notice. Such termination will be without prejudice to either parties existing rights, duties or obligations.
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__ Both parties agree that immediately on the conclusion of the Exclusive Selling Period (Item 6) this Authority will continue as a Non Exclusive Selling Period until terminated by notice given in writing by either party, or the Property is sold. Termination will be without prejudice to either parties existing rights, duties or obligations.
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Clause 3
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The Vendor by this Authority appoints the Agent as Exclusive Selling Agent for the term of this Authority as set out in Item (6) or any extension thereof and will refer any prospective buyers of which the Vendor becomes aware to the Agent. Authority vested in the Agent by this Authority shall be deemed to be vested in the Agents authorised employees.
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Clause 7.1(c)
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within 120 days after the conclusion of either the Exclusive Selling Period, or Non Exclusive Selling Period, the Property is sold to a Buyer introduced by the Agent during the Exclusive Selling Period either of those periods and the Agent is the effective cause of the sale; or
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Clause 10
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In the case of default by the Buyer in not completing the purchase the Vendor will pay the Agents Fees and/ or Expenses and to do so may utilize any forfeited or recovered deposit monies. Should any balance Fees and/ or Expenses remain unpaid thereafter, the Vendor shall pay same in accordance with this Authority. and in so doing will do all such things as may be reasonably necessary to recover such monies.
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14 Oct 2009 v1.1
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Item 19
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By signing this Authority:
(a)
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each party acknowledges having received a signed copy of this Authority and has had the opportunity to obtain professional advice with respect to this Authority and each party acknowledges it is bound by the terms of this Authority.
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(b)
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the Vendor confirms the provisions of Clause 2.1 of the Authority.
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Clause 2.1(5)
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the Vendors attention has been drawn to Clause 13 relating to Dispute Resolution.
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Clause 7.1(d)
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a binding sale contract is entered into pursuant to or in accordance with Clauses 7.1(a), 7.1(b) or 7.1(c) and not completed due to:
(1)
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cancellation by mutual consent
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(2)
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the default of the Vendor
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(3)
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repudiation by the Vendor
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(4)
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breach of warranty by the Vendor resulting in termination of the Contract by the Buyer.
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Clause 11
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By signing this Authority all parties acknowledge having given prior approval in accordance with the Electronic Transactions (Victoria) Act 2000, for electronic transmission of this Authority and any other related documents, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers & email addresses).
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Clause 13
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In compliance with the Estate Agents (Professional Conduct) Regulations 2008 the Agent has in place procedures for resolving complaints and disputes arising from the operation of the Agents estate agency practice. If a complaint is made the Agent will advise the dispute resolving procedures. The Agent will make every effort to minimize or resolve disputes relating to the Agents performance.
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