Additions / Changes:

Item L

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:

This means The Agent will be indemnified by the Principal in respect of for 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.

Additions / Changes:

Clause 6.3

There is a positive obligation on the Principal to disclose relevant facts.  Any failure to disclose information known to the Principal which may detract from this sale will be a breach of this Agreement.

Additions / Changes:

Clause 11

Additions / Changes:

Item C

(The Agent's Commission is based on the GST inclusive/exclusive selling price)

Additions / Changes:

Clause 7(e)

the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts.

Clause 14

Additions / Changes:

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: ..................................

Additions / Changes:

Clause 5.10

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.

Additions / Changes:

Clause 5.3(1)

The Agent must provide financial statements and account to the Principal/Principal’s Solicitor with respect to all monies collected, received, paid or used by the Agent carrying out the Agent’s Obligations under this Agreement. The Agent is authorised to deduct from monies received by the Agent on behalf of the Principal all Fees, Commissions and other authorised outlays owing to or incurred by the Agent in association with this Agreement, including those fees, charges and payments authorised in Items (C) and (D).

Many of the changes are due to this form being reformatted. Only the major changes appear below.

Additions / Changes:

Item 5

5.1 Price the Property is to be listed at: ........................................ (incl. GST if applicable)

5.2 Estimated Selling Price Range: $ ............... to $ ................

5.3 Most suitable method of Sale: ................................................................................

Item 7

See Items (E) and (F) for special instructions about showing and marketing of the Property.

Item 8

The Agent must, in accordance with Clauses 1 and 2 of Schedule 2 of the Regulations to the Act:

Item A

This Agreement (Exclusive Agency Period) commences on ............................. and concludes on .............................. unless extended in writing by the Principal

Item B

If this box is ticked Both parties agree that on the conclusion of the Exclusive Agency Period (Item A) date (Item 8) of this Agreement the Agreement will continue as an Extended a Non Exclusive Agency Agreement until terminated in writing by either party, or the Property is sold. Such termination will be without prejudice to either parties existing rights, duties or obligations. The Agent will be contracted with non-exclusive selling right of the Property.

Item C

10.1 Price  the Property is to be listed at: ......................... q (incl. GST)

10.2 The Agent shall be entitled to a fee of ........................ % (incl. GST)

10.3 The Agent’s remuneration is based on the GST inclusive/ GST exclusive Selling Price

10.4 Based on the Agent’s maximum estimated selling price (Item 5.1) the fee would be ................ (incl. GST)  (Note: this amount will vary based on the actual sale price of the Property).

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: ..................................

Item J

¨ Principal’s Details  or  ¨ Seller’s Details  (please tick)

Bank: .......................................... Branch: ...........................................

BSB No.: ......................... Account No.: ...............................................

Account Name: ....................................................................................

Item M

This Agreement must include a copy of any Sales Inspection Report prepared by the Agent and given to the Principal under Clause 2 of Schedule 2 of the Regulations to the Act. or the Property, Stock and Business Agents Regulation 2003.

Clause 1.1(3)

Item: an Item in the Item Schedule forming part of this Agreement.

Clause 1.1(4)

Property: the land and improvements thereon the subject of this Agreement (as described in Item (4)).

Clause 2

The Principal warrants it is the owner of the Property and has full authority to enter into this Agreement.

By signing this Agreement the Principal(s) warrants and confirms:

Clause 4

In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns to sell the Property for the Principal and the Agent agrees. and the Agent agrees to sell the Property for the Principal. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

Clause 5

The Agent does not represent itself as a financial or investment advisor.

Clause 5.3

Clause 5.8

This Agreement does not authorise the Agent to contract on behalf of the Principal with respect to the Property.

Clause 6.3

By completing Item (2) of the Item Schedule the Principal confirms it has authorised and instructed the Solicitor or Conveyancer named therein to act on their behalf and to:

Clause 7

The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Agreement in respect of from:

This means the Agent will be compensated by the Principal for such actions, claims, demands, losses, costs, damages and expenses so arising. in respect to this clause.

Clause 8.1

The Principal acknowledges the Agent is entitled to Commission during the Exclusive Agency Period (Item 8) if:

Clause 8.2

The Commission as detailed in Item (C) of the Item Schedule will be payable on settlement of the Sale, or if Clause 8.1(d) applies, on demand. The Agent will be entitled to the Commission if a contract of sale is entered into and not completed due to the default of the Principal.

Clause 8.3

The Agent is entitled to remuneration/reimbursement for Fees for services and remuneration of Expenses (including any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Principal) in the amounts as set out in Items (C) and (D) respectively, for the execution of services under this Agreement. incurred while executing the services under this Agreement including any taxes or deductions debited by banks or other financial institutions against the Agent’s account and attributable to the affairs of the Principal.

Clause 8.4

The services and amounts detailed in this Agreement cannot be varied except with the without Agreement in writing signed by the parties. Principal.

Clause 8.5

All prices of goods and services under this Agreement include GST.

Clause 8.6

Failure to comply with the Act, Regulations or this Agreement may result in penalties against the Agent and prevent the Agent from recovering Commission and other monies under this Agreement.

Clause 9

Clause 10

The Agent is entitled to retain any Rebates, Discounts and/or Commissions in connection with services performed by the Agent in the capacity of the Agent for or on behalf of the Principal as disclosed in Item (G).

Clause 12

Each party has received a signed copy of and understands this Agreement or has had the opportunity to obtain professional advice with respect to the Agreement and each party acknowledges it is bound by the terms of this Agreement.

Clause 13

Any Special Condition to this Agreement shall form part of this Agreement. Should there be inconsistency between the terms of this Agreement and a Special Condition, the Special Condition shall apply.

Additions / Changes:

Item 2

Solicitor/Conveyancer: .....................................................................

Company: ......................................................................................

Item 10

10.3 The Agent's remuneration is based on the GST inclusive/GST exclusive Selling Price

Item 15

The Agent is authorised to allow a purchaser to inspect the Property according to the following instructions (unless the Principal instructs otherwise):

Clause 6.4

By completing Item (2) of the Item Schedule the Principal authorises and instructs the Solicitor or Conveyancer named therein to act on their behalf and to:

Additions / Changes:

Clause 3

In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns, and the Agent agrees to sell the Property for the Principal. Authority vested in the Agent by this appointment shall be deemed to be vested in the Agent’s authorised employees.

Clause 6.1

The Principal has at the time of entering into this Agreement disclosed to the Agent all relevant facts about the Property and has not provided information that is or is likely to be misleading or deceptive.

Clause 7

The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Agreement from:

This means the Agent will be compensated by the Principal for such actions, claims, demands, losses, costs, damages and expenses in respect to this clause.

Clause 10

By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related agreements, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).

Clause 11

Additions / Changes:

Clause 9

The Agent collects and uses personal information obtained from you as Principal to provide the services required by you or on your behalf. You as Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) to third parties for (where applicable) marketing, and sales promotion and administration and as required for legislative and regulatory requirements and relating to promotion administration and use of the Agents 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.

Additions / Changes:

Clause 8.1

The Agent is entitled to commission if;