SELLING AGENCY AGREEMENT NON-EXCLUSIVE AGENCY

Transcription

1 SELLING AGENCY AGREEMENT NONEXCLUSIVE AGENCY An Agreement between the Agent and the Seller ( the Agreement ) authorising the agent to offer the property for sale on the following terms and conditions: Sellers Name ( The Seller ) Address: Post Code:. Tel: Fax:.. Mobile:. . Name and Address of Licenced Real Estate and Business Agent: my HOME Is For Sale Pty Ltd CAN Address: Suite Burwood Rd Vic 3122 ( The Agent ) IT IS AGREED 1. Authority Period The Seller authorises the Agent to find a Buyer for the Property at: Number Street Suburb 2. Listing Price $... OR $... TO $... Whole/Part Lot... Survey/ Strata/ Deposited/ Plan Diagram No. Whole/Part Cert. of Title Vol. Folio.( the Property ) During the Authority Period from and including the date of this agreement until midnight on./.../.. inclusive ( the Authority Period ) 3. Selling Fee NOTICE: Fees charged by real estate agents are not fixed by law and are to be agreed between a seller and agent If the seller disputes the fee payable to the agent on the grounds that it is unjust the seller may refer the dispute to the real Estate Agents Supervisory Board or for adjudication. The following selling Fee has been agreed MY HOME IS FOR SALE will charge NO SELLING FEE 4. Agreement To Pay Marketing Expenses The Seller Agrees to pay to the Agent separate Marketing Expenses *(i) The Seller Agrees to pay A marketing commencement fee of $99 per month until the property is sold or otherwise removed from sale [.] initials 5. Agents Entitlement to the Agent s Selling Fee (a) The Selling Fee will be payable upon settlement of a transaction if during the Authority Period: (i) at any time a buyer introduced by the agent to the seller or the property, contracts to buy the property, or gets another person or entity to buy the property or otherwise becomes a legal or beneficial owner of the property; or (ii) The Property is sold to a buyer in and of the above circumstances but settlement does not occur due to fault of the Seller. 6. Disputes The Seller has the right to refer any disputes that arises with the Agent to a number of different Institutions Please Refer all disputes to our dispute resolutions manager Rick Johnson on Definitions GST means the Goods and Service Tax pursuant to A New Tax System ( Goods and Service Tax) Act 1999 Introduced means an effective cause of the relevant sale Marketing Expenses means all costs, charges and expenses in marketing advertising and promoting the property for sale in any way up to the maximum referred to in clause 4 Sold and Sale includes exchange or the disposition of the property in any manner whatsoever or any part of the legal or beneficial ownership of the property or a transaction settlement and transaction each have the same meaning as each is defined in the Real Estate and Business Agents Act. 8.Privacy Collection Notice The agent uses personal information collected from the seller to act as the Sellers Agent and to perform their obligations under this agreement. The Agent may also use such information collected to promote the services of the Agent and or seek potential clients. The Agent may disclose information to other parties including media organisations, on the internet, to potential buyers, or to clients of the Agent both existing and potential, as well as to parties engaged to evaluate the property, owners corporations government and statutory bodies and financial institutions. Further, the Agent may disclose the information to other real estate and business agents who may in the future be purchasing or considering purchasing the Agents real estate business or other goodwill portion of that business. The Agent will only disclose information in this way to other parties who are required to perform their duties under this Agreement, to achieve the purposes specified above or as otherwise allowed under the Privacy Act If the Seller would like to access this information they can do so by contacting the Agent at the address and contact numbers contained in this agreement. The Seller can also correct this information if it it inaccurate, incomplete or outofdate. Real estate and tax law requires some of this information to be collected. If the information is not provided the Agent may not be able to act effectively on the sellers behalf or at all. Signature of Seller:..Date././. Signature of Seller:..Date././. Signature of Agent or Agents Representative:..Date././. A TRUE COPY OF THIS DOCUMENT HAS BEEN RECEIVED BY THE SELLER [..] initials

2 Terms and conditions 1. Terms of Access This website is owned and operated by My Home Is For Sale Pty Ltd (ACN ) ("myhomeisforsale"). The material on this website is copyright to myhomeisforsale, unless otherwise disclosed. This website is available for you to access, conditional upon your acceptance, without alteration, of the Terms and Conditions set out below. By continuing to access this website and in the event of engaging our service through myhomeisforsale, you agree and consent to the Terms and Conditions contained herein (as amended from time to time). myhomeisforsale is a web based facilitator of real estate services. It provides the opportunity for private sellers to list their property and to market their property without engaging a traditional real estate agent. myhomeisforsale reserves the right to change these Terms and Conditions, this website and other polices at any time and from time to time. Revised Terms and Conditions will be made available on this website and you are responsible to review Our Terms and Conditions from time to time to check for updates. You agree and consent to the Revised Terms and Conditions by continuing to access this website. 2. Fees and Charges Service charges for the myhomeisforsale are as follows: 1. Residential Quick Sale service: Listing fee $295 Monthly fee $99 2. Residential No Rush service : Listing fee $ Residential rental service: Listing fee $149 Monthly fee $99 4. Commercial leasing service: Listing fee $295 Monthly fee $99 5. Commercial sales service: Listing fee $295 Monthly fee $99 6. Business sales service: Listing fee $295 Monthly fee $99 The Listing fee is charged once and includes all administration charges in creating the property profile for you, including creating online advertising campaigns. The $99 Monthly fee is paid in advance for the whole month and is referenced as the billing cycle. The billing cycle runs from the date your advertisement is published on the internet and falls due on that same date for each following month. There are no pro rata payments for the Monthly fee. Failure to pay the ongoing monthly fees will result in your property being removed from our service. All charges are inclusive of GST. 3. Term There is no minimum term for sign up. The property will be listed until it is sold or we are instructed by you to remove the listing. All requests to remove listings must be addressed to info@myhomeisforsale.com.au. You will need Javascript to view this address. We require at least 5 business days notice of your request to remove a listing. A failure to give the required notice will result in you being charged the next monthly fee of $ Profile To access your client profile you will be issued with a username and password (UNPW). Once you log in you will be able to make changes to your listing, update inspection times, amend property descriptions and upload or change photography. You should immediately notify myhomeisforsale if you consider that someone has accessed your client profile without your authorisation. myhomeisforsale must verify all uploads and amendments to all profiles. This process can take up to 2 business days. 5. Contact details Under no circumstances are you to enter your contact details including contact name, contact number, address etc. on the listing. If you would like potential purchasers to contact you directly please request the myhomeisforsale 24/7 reception service. Details of this service are available on our website. 6. Listing Your property will be listed once myhomeisforsale receives and verifies the following information; 1. Photographs of the property, 2. A complete application form with property details, 3. Completed myhomeisforsale listing authority, 4. Completed payment from, 5. Your agreement to these Terms and Conditions and our Privacy Policy, 6. Photographic identification of all vendors, and 7. A Rates Notice or copy of the Certificate of Title to the property. By submitting a request to list your property with myhomeisforsale, you agree to be bound by these terms and conditions. 7. Third Party Sites myhomeisforsale subscribes to third party sites ( Partner Sites ). Access to these sites is at the absolute discretion of myhomeisforsale and myhomeisforsale does not guarantee the continuity of these sites. Breach Your failure to comply with any of the terms and conditions contained herein may result in your property being immediately removed from myhomeisforsale at our sole discretion. 8. Disclaimers and Exclusions You acknowledge and agree that myhomeisforsale makes no warranty of any kind to you, to the fullest extent permissible by law, in respect of any matter, including, without limitation: 1. In respect of the Services: their fitness for purpose, or suitability for you; 2. the infringement of third party rights; 3. any third party associated with performing the Services, at the request of myhomeisforsale or otherwise, and their ability to provide such Services; or 4. the accuracy of any information contained in this website or otherwise communicated by myhomeisforsale. myhomeisforsale does not accept any liability for any loss or damages resulting from your reliance on the information supplied on this website. myhomeisforsale strongly advises that you seek professional advice before deciding whether to engage myhomeisforsale to provide the Services. To the fullest extent permitted by law, neither myhomeisforsale nor any of its affiliates, employees, subsidiaries or holding company shall be liable for any damages of any kind, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or with the use of any information contained herein or otherwise communicated to you by myhomeisforsale, for any reason whatsoever, including without limitation the use or inability to use this website by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income. myhomeisforsale makes no representations or guarantees that a person using this site will sell their home/business or lease their property. 9. Intellectual Property All intellectual property rights including, without limitation, trademarks, service marks, trade names, copyright and other rights used or embodied in this website are the sole property of myhomeisforsale and must not be used without its express written consent. myhomeisforsale reserves all intellectual property rights, including, but not limited to, copyright in material and/or Services provided by it. The material provided on the website is provided for personal use only and may not be: 1. resold and/or redistributed in any material form; 2. stored in any storage media; and/or 3. retransmitted in any media, without the prior written consent of myhomeisforsale. 10. Website Security Policy myhomeisforsale does not warrant the accuracy, completeness or suitability of any information provided on this website and excludes to the fullest extent permissible by law liability for any error, inaccuracy or omission contained on this website or any information provided by myhomeisforsale. myhomeisforsale is not responsible for loss or damage arising from any third party accessing your personal information or details upon sending correspondence to you via the details submitted to myhomeisforsale by you. Hyperlinks and references to other internet resources are provided and used at the risk of the party accessing this website and the content, accuracy, opinions expressed, together with other links provided by these resources are not the property of myhomeisforsale nor are they investigated, verified, monitored, or endorsed by myhomeisforsale in any manner. In accessing this website, you acknowledge that data transmission and storage over the internet, including via this website, cannot be guaranteed to be secure and accordingly myhomeisforsale does not warrant the security of any information you transmit. 11. General Terms Your use of this site is governed by the laws of Victoria and you agree to submit to the non exclusive jurisdiction of the Courts of Victoria. Any failure by myhomeisforsale to enforce a provision of these terms and conditions shall not constitute a waiver or affect the validity of these terms. In the event of any term or condition being held to be invalid, illegal, unlawful or otherwise being Incapable of being enforced, that term or part thereof shall be deemed to be severed and of no force and effect and the remaining terms and conditions shall remain valid and enforceable. The parties warrant they have the authority to enter into this agreement. 12. Limitation of services The Seller hereby acknowledges that: 1. myhomeisforsale assists the Seller to conduct a private sale of their property by providing marketing services does not act on behalf of the seller in relation to a sale. 2. for the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) myhomeisforsale does not act on behalf of the seller in relation to a sale and therefore will not conduct a preliminary physical inspection of the property. 13. Privacy Policy myhomeisforsale is committed to safeguarding your privacy in accordance with the Australian National Privacy Principles outlined in the Privacy Act myhomeisforsale will take all reasonable steps to preserve the security of your personal information, but you agree that your use of the website is at your own risk and myhomeisforsale disclaims any liability for any third party breach of the security of your information. myhomeisforsale may preserve and other enquiry correspondence received from you for the purpose of responding to your questions or for record keepings procedures. This website may contain links to third party websites outside of the control of myhomeisforsale. If you access these websites through this Website and such third parties collect information about your visit, you authorise myhomeisforsale to collect or access such information. myhomeisforsale will only disclose your information to external parties in circumstances permitted by the Privacy Act 1988, in accordance with myhomeisforsale Privacy Policy, where your consent to disclose is obtained or as required by law. You are responsible for maintaining the confidentiality and security of your login details. It is important to ensure that you logout of your account at the end of each use. Signature Signature Name (Please Print) Name (Please Print) Date Date

3 MY HOME IS FOR SALE (314011) Direct Debit Request (DDR) You may contact us as follows: Phone: Mail: All communication addressed to us should include your Customer Number. PART A Your Details Customer Number: Customer Name: Phone Number: Address: Address: State: Postcode: PART B Schedule Payments will be debited on the due date. If the scheduled date is not a banking day, the debit will take place on the next banking day. Continued on next page... Page 1 of 6

4 PART C Cheque/Savings Accountor Credit Card Authorisation I/We request and authorise MY HOME IS FOR SALE (314011) to arrange, through its own financial institution, a debit to your nominated account any amount MY HOME IS FOR SALE (314011), has deemed payable by you. This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account held at the financial institution you have nominated below and will be subject to the terms and conditions of the Direct Debit Request Service Agreement. Financial Institution: Branch: Account Name: BSB No. Account Number: I/We request and authorise Acknowledement. By signing and/or providing us with a valid instruction in respect to your Direct Debit Request, you have understood and agreed to the terms and conditions governing the debit arrangements between you and MY HOME IS FOR SALE as set out in this Request and in your Direct Debit Request Service Agreement. Signature: Date: Signature: Date: If debiting from a joint bank account, both signatures are required. OR I request you MY HOME IS FOR SALE to arrange for funds to be debited from my nominated credit card according to the schedule specified above and attached Direct Debit Service Agreement. Credit Card Number: Expiry Date: M M / Y Y Cardholder Name: Signature: Date: Completed Application Return your completed application by mail to: Mail: Page 2 of 6

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6 Customer Direct Debit Request (DDR) Service Agreement This is your Direct Debit Service Agreement with MY HOME IS FOR SALE (314011) It explains what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider. Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation. How to Contact Us Enquiries You can contact us directly or alternatively contact your financial institution. These should be made at least 7 working days prior to the next scheduled drawing date. You may contact us as follows: Phone: Mail: enquiries@myhomeisforsale.com.au All communication addressed to us should include your Customer Number. Definitions account means the account held at your financial institution from which we are authorised to arrange for funds to be debited. agreement means this Direct Debit Request Service Agreement between you and us. banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia. debit day means the day that payment by you to us is due. debit payment means a particular transaction where a debit is made. direct debit request means the Direct Debit Request between us and you. debit day means the day that payment by you to us is due. us or we means MY HOME IS FOR SALE, (314011)) you have authorised by requesting a Direct Debit Request. you means the customer who has signed or authorised by other means the Direct Debit Request. your financial institution means the financial institution nominated by you on the DDR at which the account is maintained. Page 4 of 6

7 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you. We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. or We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due. If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution. We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice. You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least 7 days notification by writing to: or by telephoning us on during business hours; or arranging it through your financial institution, which is required to act promptly on your instructions. It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request. If there are insufficient clear funds in your account to meet a debit payment: Debiting your account Amendments by us Amendments by you Your obligations you may be charged a fee and/or interest by your financial institution; you may also incur fees or charges imposed or incurred by us; and you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment. You should check your account statement to verify that the amounts debited from your account are correct. Page 5 of 6

8 If you believe that there has been an error in debiting your account, you should notify us directly on and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up directly with your financial institution. If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted. If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing. You should check: Dispute Accounts with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions. your account details which you have provided to us are correct by checking them against a recent account statement; and with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request. Confidentiality We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. We will only disclose information that we have about you: to the extent specifically required by law; or for the purposes of this agreement (including disclosing information in connection with any query or claim). Notice If you wish to notify us in writing about anything relating to this agreement, you should write to MY HOME IS FOR SALE We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request. Any notice will be deemed to have been received on the third banking day after posting. Page 6 of 6