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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
11 Sep 2012 v1.6
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Clause 6
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The Agent having complied with its obligations under this Authority, the Vendor indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses (including Fees and Expenses) which the Agent may suffer or incur in respect of:
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Clause 14.2(2)
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property data collection agencies; and/or
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17 May 2012 v1.5
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Item 9.1
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At the end of the term of the Exclusive Selling Period (Item 7), 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 Agent’s 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 Vendor’s Sale Price set out in Item (5).
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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 Agent’s Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.
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Clause 7.12
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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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01 Nov 2011 v1.4
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Item 18
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BUILDING ENERGY EFFICIENCY DISCLOSURE Clause 1.1(10)
Where this Authority relates to the selling of a Property required under the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current registered Building Energy Efficiency Certificate (BEEC) rating of the energy efficiency of the Property (Recognised Rating), the Vendor (as Owner): confirms it has such BEEC and agrees to provide the BEEC to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA
(a)
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confirms it has a valid & current Recognised Rating; and
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(b)
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agrees and undetakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.
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Clause 1.1(10)
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Recognised Rating: includes any of the following:
(a)
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Building Energy Efficiency Certificate; or
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(b)
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National Australian Built Environment Rating System (NABERS Energy Star Rating); or
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(c)
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other recognised rating for the Property.
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Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.
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31 Mar 2011 v1.3
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Item 13
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The Vendor confirms, prior to signing this Authority, the Agent advised that Expenses and Commission payments were subject to negotiation. Vendor’s Initials: ……………………..
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Item 17
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INTEREST PAYABLE BY VENDOR ON OVERDUE MONIES removed
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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 Agent’s 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 (17).
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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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Owner’s 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 Vendor’s 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 v1.2
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Item 10
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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Item 19
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Where this Authority relates to the selling of a Property required under affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current rating of the energy efficiency of the Property (Recognised Rating), the Vendor (as Owner):
(a)
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confirms it has a valid & current Recognised Rating rating of the energy efficiency of the Property (Recognised Rating); and
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(b)
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agrees and undertakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.
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01 Nov 2010 v1.1
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Item 19
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Where this Authority relates to the selling of a Property affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA), the Vendor (as Owner):
(a) confirms it has a valid & current rating of the energy efficiency of the Property (Recognised Rating); and
(b) agrees and undertakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.
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Clause 1.1(10)
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Recognised Rating: includes any of the following:
(a)
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Building Energy Efficiency Certificate; or
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(b)
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National Australian Built Environment Rating System (NABERS Energy Star Rating); or
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(c)
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other recognised rating for the Property.
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Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.
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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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