Conjunction Agreement - AUVICREPS004

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

 

26 May 2018 v1.6

Additions / Changes:

 

Clause 1(12)

Regulation:  the Estate Agents (Professional Conduct) Regulations 20108

 

11 Jun 2015 v1.5

Copyright statement updated.

 

13 May 2015 v1.4

Additions / Changes:


Item 7 Heading

LISTING AGENT’S ESTIMATE OF SELLING PRICE   (Section 47A of the Estate Agents Act 1980)

Note: This amount is an estimate not a valuation and must include any GST component. (if applicable)


Clause 1(5)

Client: means Seller/Vendor or Prospective Purchaser or Purchaser.


Clause 1(11)

Parties: means the Listing Agent and the Co-Agent.


Clause 7.1

Any complaint relating to commission or outgoings can be made to the Director, Consumer Affairs Victoria (CAV), GPO Box 4567 123, Melbourne, VIC Victoria, 3001 or by telephoning 1300 73 70 30.  Unless there are exceptional circumstances, Consumer Affairs Victoria cannot deal with any dispute concerning commission or outgoings unless it is given notice of the dispute within 28 days of the client receiving an account for, or notice that the agent has taken the amount in dispute, whichever is later.


Clause 12

Privacy Statement

12.1

The Parties must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.

12.2

The Privacy Policy outlines how the Parties collect and use personal information provided by the Client/s, or obtained by other means, to provide the services required by the Client/s or on the Client/s behalf.

12.3

The Parties agree, subject to the Privacy Act 1988 (CTH) and only where the Client/s prior consent has been obtained, to use and disclose such information to:

(1)

other Client/s, to the extent required to prepare a contract for the sale of the Property; and/or

(2)

property data collection agencies; and/or

(3)

Body Corporates & financial institutions; and/or

(4)

other third parties as may be required by the Parties for the purposes of marketing, sales promotion and administration relating to the use of the Parties’ products and services and complying with legislative and regulatory requirements.

12.4

Without provision of certain information the Parties may not be able to act effectively or at all on their respective Client’s behalf.

12.5

Where the Client has consented and subject to the Privacy Act 1988 (CTH) each Party is authorised to access the Client’s personal information held by the other Party and in addition may in accordance with the Client’s instructions require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

12.6

Each Party will provide (where applicable), on request, a copy of its Privacy Policy.

12.7

Where a Party fails to comply with the provisions of the Privacy Act 1988 (CTH) or the privacy provisions of this Agreement such that the other party suffers loss or damage the party at fault indemnifies the other against such loss or damage.

 

06 Jul 2012 v1.3

Additions / Changes:


Clause 1

Note

Note: Acts which should be considered in relation to this Agreement include:

Fair Trading Act 1999 Australian Consumer Law and Fair Trading Act 2012

Competition and Consumer Act 2010(Cth)

The Act


Clause 11

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 Agreement.

 

01 Jan 2011 v1.2

Additions / Changes:


Clause 1

Note

Note: Acts which should be considered in relation to this Agreement include:

Fair Trading Act 1999

Trade Practices Act 1974 Competition and Consumer Act 2010(Cth)

The Act


Clause 11

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 Agreement.

 

18 Jan 2010 v1.1

Additions / Changes:


Clause 1(10)

Regulation:  the Estate Agents (Professional Conduct) Regulations 2008


Clause 11

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