Open & Exclusive Leasing Agency Agreement - AUNSWREPM016

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30 Jun 2008 v3.9

Additions / Changes:

 

Clause 1.1(4)

Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.

 

10 June 2008 v3.8

Additions / Changes:

 

Item 7

Grid Header

Description of Service/Fee

Fee (GST Inclusive)

*Due and Payable

 

 

Item 7

Note

A fee may be expressed as either: a) Fee + GST = GST inclusive Fee or b) single GST inclusive figure

 

Item 8

Grid Header

Description of Expense

Amount (GST Inclusive)

*Due and Payable

 

20 Dec 2007 v3.7

Additions / Changes:

 

Item 3

Smoke Alarms are / are not installed in accordance with Division 7A of the Environmental Planning and Assessment Regulation 2000.

{Owners of all houses and units dwellings in NSW must install and maintain smoke alarms in compliance with the Environmental Planning and Assessment Regulation 2000 as amended}

 

Clause 4.1

The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Property.

 

Clause 4.2

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 4.7

The Agent is authorised to deduct from monies received by the Agent on behalf of the Principal all Fees 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 (7) and (8) respectively.

 

Clause 5.3

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 the letting of the Property will be a breach of this Agreement.

 

Clause 6.8

The Principal acknowledges before entering into this Agreement 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.

 

Clause 7.1

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

(a)

authorised letting advertising or 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 to carry out an instruction or authority; or

(d)

the Tenant’s failure to comply with his/her obligations according to the Tenancy Agreement at no fault of the Agent; or

(e)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies Act 1987 and/or other relevant acts and legislation; or

(f)

the Agent acting in the capacity of the Principal under this Agreement.

The Agent will be indemnified by the Principal in respect of actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement or resultant upon any act, omission or negligence on the part of the Principal.

 

05 Apr 2007 v3.6

Additions / Changes:

 

Item 10

The Agent is / is not authorised to conjunct with other agents for a Conjunctional Leasing 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: ..................................

 

10 Jan 2006 v3.4

Additions / Changes:

 

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).

 

22 June 2005 v3.3

Additions / Changes:

 

Item 4

This Agreement is an Exclusive/Open Leasing Agency Agreement, starting on ..../..../.... and will be terminated when the property is let or at any time in writing with ............. days notice by either party without prejudice.