Exclusive Leasing & Managing Agency Authority - AUVICREPM016 & AUVICREPM023

Top  Previous  Next

BLACK = Old Item/Clause  |  RED = New Item/Clause  | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

11 Sep 2012

AUVICRECM016 v1.7

AUVICRECM023 v1.8

Additions / Changes:

 

Clause 7.1

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:

 

Clause 13.2(2)

property data collection agencies; and/or

 

17 May 2012

AUVICREPM016 v1.6

AUVICREPM023 v1.7

Additions / Changes:

 

Item 5.1

At the end of the term of the Exclusive Leasing Period (Item 4), unless terminated, this Authority will continue as a Non Exclusive Leasing Authority for a period of ……….. days.

Note: Where no days are inserted, the period shall be 1 Business Day.

The Landlord Agrees: __ Yes __ No     Landlord’s Initials: …………………..

 

Item 12

The Landlord confirms, prior to signing this Authority, the Agent advised that Expenses and Commission payments were subject to negotiation.                                                           Landlord initials: …………….

 

Clause 1.1(5)

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.

 

Clause 6.3

Where the Agents Fees are calculated based on Rent paid, such calculations will be determined by the actual Rent paid notwithstanding such Rent paid may be greater or less than the Landlords Rent Amount set out in Item (9.2).

 

Clause 6.11

The parties agree a tenant 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 tenant that such property is available to let.

 

Clause 12

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.

 

31 Aug 2011

AUVICREPM023 v1.6

Additions / Changes:

The 'Landlord's Instruction Form' was updated (Refer to Landlord's Instruction Form)

 

26 May 2011

AUVICREPM016 v1.5

AUVICREPM023 v1.5

Additions / Changes:

 

Clause 1.1(5)

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.

 

Clause 5.6

The Landlord grants to the Agent a lien over any of the Landlords goods, chattels and/or documents which the Agent has possession or control of until such time as any monies that are owing under this Authority are paid to the Agent.

 

Clause 9

Any monies payable under this Authority by the Landlord 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 detailed in Item (15).

 

Clause 12

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.

 

Clause 13

13.1

The Agent collects and uses personal information provided by obtained from you as the Landlord to provide the services required by you or on your behalf.

13.2

You as the Landlord agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to: in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):

 

(1)

potential tenants; and/or

 

(2)

data collection agencies; and/or

 

(3)

Owners Corporations & financial institutions; and/or

 

(4)

tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; and/or

 

(5)

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.

13.3

Without provision of certain information the Agent may not be able to act effectively or at all on the Landlord’s behalf.

13.4

The Landlord has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

 

01 Jan 2011

AUVICREPM016 v1.4

AUVICREPM023 v1.4

Additions / Changes:

 

Item 7

Note

Note: Terms must not be unfair, refer Schedule 1, Part 2-3 of the Competition and Consumer Act 2010 (Cth).

 

15 Jul 2010

AUVICREPM016 v1.2

AUVICREPM023 v1.2

Additions / Changes:

 

Item 5

5.1

At the end of the term of the Exclusive Leasing Period (Item 4), unless terminated, this Authority will continue as a Non Exclusive Leasing Authority for a period of ……….. days.

The Landlord Agrees:   __ Yes   __ No        Landlords Initials: …………………..

5.2

Either party may terminate this Authority during the non exclusive leasing 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.

 

Item 6

Either party may terminate this Authority on the giving of not less than …….....…. days written notice to the other.

 

Clause 4.1

The Agent will take reasonable steps to ensure goods and services obtained for the Landlord are at competitive prices.

 

Clause 4.2

(1)

The Agent must provide financial statements and account to the Landlord with respect to all monies received, paid or used by the Agent, carrying out the Agents obligations under this Authority.

(2)

The Agent will issue tax invoices, when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.

 

Clause 4.4

Where the Property has been leased and the Landlord has authorised the Agent to manage the Property (Item 8.1(3)) such management will continue under this Authority until terminated by either party in accordance with Clause 8.

 

Clause 4.13

The Agent will take reasonable steps to ensure goods and services obtained for the Landlord are at competitive prices.

 

Clause 4.14

(1)

The Agent must provide financial statements and account to the Landlord with respect to all monies received, paid or used by the Agent, carrying out the Agents obligations under this Authority.

(2)

The Agent will issue tax invoices, when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.

 

Clause 8.1

If either party fails to comply with its obligations under the provisions of this Authority or is in breach of any warranty then subject to the provisions of Clause 11, either party may end this Authority on the giving of 7 days notice. provided, on such termination all monies owning under this Authority must be paid or reimbursed up to and including the end date of this Authority on a pro rata basis if necessary.

 

Clause 8.2

Except as provided in Clause 8.1, either party may terminate this Authority in accordance with Item (6).

 

Clause 8.3

Any termination shall be without prejudice to either party's rights under this Authority.

 

Clause 8.4

Upon termination of this Authority all monies owning under this Authority must be paid or reimbursed up to and including the end date of this Authority on a pro rata basis if necessary.

 

19 Apr 2010

AUVICREPM016 v1.1

AUVICREPM023 v1.1

Additions / Changes:

 

Item 4

The Exclusive Leasing Period will be for a period of ………. days from the date of signing this Authority.

 

Item 5

5.1

At the end of the term of the Exclusive Leasing Period (Item 4), unless terminated, this Authority will continue as a Non Exclusive Leasing Authority for a period of ……….. days.

The Landlord Agrees:   __ Yes   __ No        Landlords Initials: …………………..

5.2

Either party may terminate this Authority during the non exclusive leasing 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.

 

Item 9.3

Lease Renewal Fee:

 

Item 17

By signing this Authority:

(a)

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.

(b)

the Landlord confirms the provisions of Clause 2.1 of the Authority.

(c)

the parties acknowledge the commencement date shall be the date of signing.

 

Clause 1.1(7)

G.S.T Act: refers to the A New Tax System (Goods & Services Tax) Act 1999.

 

Clause 2.1(5)

the Landlords attention has been drawn to Clause 11 relating to Dispute Resolution.

 

Clause 3.2

The Landlord appoints the Agent and its permitted Assigns, to lease and/ or manage the Property for the Landlord and the Agent agrees. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agents authorised employees, provided however, the Landlord will at all times remain the Principal.

 

Clause 3.3

When delegating authority to authorised employees the Agent (licensee) must properly supervise such person/s.

 

Clause 4.6(3)

provided In cases where urgent repairs (as defined in Section 3 of the Residential Tenancies Act 1997) are required, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.

 

Clause 5.5

In addition to complying with the terms of this Authority the Landlord must comply with the requirements of all relevant Acts, legislation, by-laws, rules and regulations, local, state and federal.

 

Clause 5.6

The Landlord grants to the Agent a lien over any of the Landlords goods, chattels and/or documents which the Agent has possession or control of until such time as any monies that are owing under this Authority are paid to the Agent.

 

Clause 6.1(c)

within 120 days after the conclusion of either the Exclusive or Non Exclusive Leasing Period, the Property is leased to a Tenant introduced by the Agent during the Exclusive Leasing Period either of those periods and the Agent is the effective cause of the Property being leased.

 

Clause 8

If either party fails to comply with its obligations under the provisions of this Authority or is in breach of any warranty then subject to the provisions of Clause 11, either party may end this Authority on the giving of 7 days notice provided, on such termination all monies owning under this Authority must be paid or reimbursed up to and including the end date of this Authority on a pro rata basis if necessary.

 

Clause 11

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.

 

Clause 12

By signing this Authority all parties acknowledge agree to having given prior approval in accordance with the Electronic Transactions (Victoria) Act 2000, for electronic transmission of this Authority and any other related documents agreements, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).