|
BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
20 Dec 2007 v1.4
|
Item J
|
The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.
This Agreement must include a copy of the Sales Inspection Report prepared by the Agent and given to the Principal under Clause 2 of Schedule 2 of the Regulations to the Act.
|
|
Clause 5.1
|
The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Property.
|
|
Clause 5.2
|
The Agent must, in compliance with Section 52 of the Act, not make any promise that is false, misleading or deceptive or conceal any material facts.
|
|
Clause 6.1
|
The Principal has at the time of entering into this Agreement disclosed to the Agent all relevant and material facts about the Property and has not provided information that is or is likely to be misleading or deceptive.
|
|
Clause 6.3
|
There is a positive obligation on the Principal to disclose relevant and material facts. Any failure to disclose information known to the Principal which may detract from this sale will be a breach of this Agreement.
|
|
Clause 7
|
The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:
(a)
|
authorised sales advertising and signage; or
|
(b)
|
the Principal’s failure to comply with this Agreement; or
|
(c)
|
the Principal’s failure to give the Agent prompt and appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or
|
(d)
|
the Agent acting on behalf of the Principal under this Agreement.
|
(e)
|
the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts
|
This means The Agent will be indemnified by the Principal in respect of relation to such actions, claims, demands, losses, costs, damages and expenses so arising out of this Agreement or resultant upon any act, omission or negligence on the part of the Principal.
|
12 June 2007 v1.3
|
Item C
|
(The Agent's Commission is based on the GST inclusive/exclusive selling price)
|
|
Clause 7(e)
|
the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts.
|
|
Clause 14
|
14.1
|
The Agent collects and uses personal information obtained from you as the Principal to provide the services required by you or on your behalf. You as the Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable): arketing, sales promotion and administration and as required for legislative and regulatory requirements relating to promotion, administration and use of the Agent’s products and services. Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf. The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
|
|
(1)
|
marketing; and/or
|
|
(2)
|
sales promotion and administration; and/or
|
|
(3)
|
legislative and regulatory requirements relating to promotion, administration and use of the Agent's products and services; and/or
|
|
(4)
|
analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.
|
|
(5)
|
allowing the credit reporting agency to create or maintain a credit information file containing information about you the Principal.
|
14.2
|
You as the Principal further agree and consent to the Agent obtaining from a credit report agency a Consumer Credit Report containing personal credit information about you the Principal for the purposes of the collection of overdue payments. (Section 18k (1) (h) of the Privacy Act 1988 (CTH)).
|
14.3
|
Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf. The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
|
|
05 Apr 2007 v1.2
|
Item H
|
The Agent is / is not authorised to conjunct with other agents for a Conjunctional Sale of the Property for the duration of this Agreement. If so Commission is:
Commission Apportionment as a %: (If not completed Commission will be apportioned equally)
Appointment Agent: ........................... Conjuncting Agent: ..................................
|
08 Mar 2007 v1.1
|
Clause 5.8
|
Should the Agent have a relevant interest in the sale of the Property, no advertisement relating to the sale of the Property shall be published unless the relevant interest is disclosed in the advertisement in accordance with Section 50 (2) of the Act.
|
|