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

 

22 Jun 2022 v1.7

Additions / Changes:


Item 1

Name:  …………………………………………………………………………………………………………….

Address:  ……………………………………………………………………………………………………………….

Phone:  (…)…………………… Fax: (…)………………… Mobile: ……………………… ABN: ………………

Contact:  ……………………………………………………………………………… License No.: ……………

Email:  …………………………………………………………………………………………………………………


Item 2

CONJUNCTIONAL- AGENT

Name:  ……………………………………………………………………………………………………………….

Address:  ……………………………………………………………………………………………………………….

Phone:  (…)………………… Fax: (…)………………… Mobile: …………………… ABN: …………………….

Contact:  …………………………………………………………………… License No…………………………

Email:  …………………………………………………………………………………………………………………


Item 3

PROPERTY (copy details from Agency Authority - Clause 1(3))


Item 4

VENDOR (copy details from Agency Authority - Clause 1(3))

4.1 Name/s: ………..………………………………………………………………………………………………

4.2  __ Vendor’s acknowledgement consent to this Conjunction arrangement commission sharing obtained on Authority.


Item 6

AGENCY AUTHORITY - PARTICULARS   (copy details from Agency Authority - Clause 1(3))

6.1 Term of <Exclusive/General/ Exclusive Auction> Authority Selling Period: ….. days commencing on: …./ …/ ……

6.2  Non Exclusive Authority Selling Period (if applicable): ………………………………………. days

6.3 Vendor’s <Sale/Reserve> Price: $ ………………………..

6.4  Vendor’s Preferred Settlement Date: …………………… days from date of Contract

6.5  Selling Fee: $ ……………… plus GST of $ ……………… Total Fee Payable: $ …………… (incl GST)  

based on sale price of: ………………………………………………………………………………………………

6.6 The Selling Fee is based on the Sale Price of $ ………….. and calculated using the method of calculation as provided in the Authority.

Note: The actual Selling Fee will be based on the actual sale price.

6.6

Expense

Amount (Include GST)

Advertising

 

 

 

 

 

 

 

 

 

6.7 Inspection Conditions (if applicable):

Deleted

 

6.8  Additional/ Amended Conditions (if applicable):

Deleted

 


Item 7

CONJUNCTION AGREEMENT TERMS

7.1 Conjunction Period: Commences: …… / …… / …… Concludes: ………..……………….………………….……………….. (if no date inserted concludes on expiry of the Appointment)

7.2  Commission Apportionment:  (see Clause 5)

__ Listing Agency: ………….%    Conjunction Agency: ………….% OR

__ ………………………………………………….…………………

7.3

Expense

Amount (Include GST)

 

 

 

 

 

 

7.4  Inspection Conditions (if applicable):

 

 

7.5  Additional/ Amended Conditions (if applicable):

 

 


Item 8

AGREEMENT TERM

Conjunction Period: Starting: …… / …… / …… Ending: ……………………………….………….………………………..(unless otherwise specified, the end date of the Authority, Item (6.1))

Commission Apportionment: See Item (11)


Item 9

AGENT’S DUTIES

Specify the party responsible for performing the following duties in respect to this Agreement:

Duty

Performed By

Advertise and promote the property in accordance with the Vendor’s Instructions  

Listing Agent / Conjunction-Agent/Both

Organise promotion and promotional material

Listing Agent / Conjunction-Agent/Both

Arrange and organise open inspection

Listing Agent / Conjunction-Agent/Both

Liaise with Vendor’s solicitor with regard to Section 32 compliance

Listing Agent / Conjunction-Agent/Both

Responsible for all aspects of arranging and conducting auction including signing of contract and& documentation under the Sale of Land Act.

Listing Agent / Conjunction-Agent/Both

Give the Vendor a Notice of Commission Sharing in accordance with section 48 of the Act.

Listing Agent

Forward a copy of this Agreement to the Conjunctional - Agent

Listing Agent / Co-Agent/Both

Receipt and banking to trust account of deposit monies

Listing Agent / Conjunction-Agent/Both

Provide funds (if applicable) at Settlement

Listing Agent / Conjunction-Agent/Both

Distribute commission in accordance with this Agreement

Listing Agent / Conjunction-Agent/Both

If and when required, notify Vendor of all offers in accordance with the Regulation

Listing Agent / Conjunction-Agent/Both

 

Listing Agent / Conjunction-Agent/Both

 

Listing Agent / Conjunction-Agent/Both

 

Listing Agent / Conjunction-Agent/Both

 

Listing Agent / Co-Agent

 

Listing Agent / Co-Agent

Where both parties are to perform a duty provide further details.

Further details:

 

 

 

 


Item 11

NOTICE OF COMMISSION SHARING

The Agent’s commission will be shared with other people (other than a licensed estate agent or an agent’s representative employed by the agent, or a licensed agent who is in partnership with the agent.)

IMPORTANT: Where Commission Sharing applies the relevant parties must complete a Notice of Commission Sharing in accordance with section 48 of the Act.

In accordance with Section 48 of the Estate Agents Act 1980, the Agent states that the commission the Agent is entitled to under the terms of this Authority will be shared with other people as follows:

 

Name and address of person with whom commission is to be shared

Description of such person

 

 

Commission

Dollar Amt

Percentage

 

 

 

 

 

 

 

 

 

 

This notice must be completed before this Agreement is signed.


Item 12

REBATE STATEMENT

Important Information for Vendor(s)

 

A rebate includes any discount, commission, or other benefit, and includes non-monetary benefits.  It is illegal for an Agent to keep any rebate they receive for advertising or other outgoings purchased by the Agent on your behalf.  Section 48A of the Estate Agents Act 1980 requires the Agent to immediately pay you any rebate they receive in relation to the sale of your property.

 

The Agent is not entitled to retain any rebate and must not charge you an amount for any expenses that is more than the cost of those expenses.

__The Agent will not be, or is not likely to be, entitled to any rebates.

OR

__The Agent will be, or is likely to be, entitled to rebates.

 

These rebates are listed below.

any outgoings; or

any pre-payments made by the person engaging or appointing the Agent (the Client) in respect of any intended expenditure by the Agent on the Client’s behalf; or

any payments made by the Client to another person in respect of the work

 

Goods/Services to which rebate relates

Name of person or organisation providing rebate

Amount (including GST) (if amount not known, provide an estimate)

 

 

$ …………..

 

 

$ …………..

 

 

$ …………..

 

 

$ …………..

 

 

$ …………..

 

 

$ …………..

 

 

$ …………..

 

 

$ …………..

 

 

$ …………..

 

 

$ …………..

 


Item 12

EXECUTED AS A DEED on the ……… day of ………….. 20…        

For and on behalf of the Listing Agent:              Listing Agent’s Signature: ………………………………………………

In the presence of:                                           (*)Witness Signature: …………………………………………

                                                                    (*)Witness Name:…………………………………………

                                                                    (*)Date: …… / …… / ……

For and on behalf of the Conjunctional-Agent:    Conjunctional-Agent’s Signature: ………………………………………

In the presence of:                                           (*)Witness Signature: …………………………………………

                                                                    (*)Witness Name:…………………………………………

                                                                    (*)Date: …… / …… / …

* Witness Signature is not required where a party signs electronically (refer clause 10.2)

 

SIGNED BY THE LISTING AGENT                               on …… / …… / ……

1) Signature: ………………………………………………..……………………………………………………

………………………………………………………………..……………………………………………………

Print name of person signing

 

SIGNED BY THE CONJUNCTIONAL AGENT                 on …… / …… / ……

1) Signature:  ………………………………………………..………………………………………………...

………………………………………………………………..…………………………………………………

Print name of person signing


Clause 1

In this Agreement, which includes the Item Schedule, the following terms mean:

(2)

Agreement:  This Conjunction Agreement between the Listing Agent and the Co-Agent., consisting of:

(a)

the Item Schedule

(b)

the Terms and Agreement; and additional annexures, scheduled or documents that may be attached.

(3)

Authority: The written Agency Authority agreement between the Listing Agent and the Vendor authorising the Agent to act on the Vendor’s behalf to sell the Vendor’s Property.

(5)

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

Conjunctional-Agent: The Agent appointed by this Agreement to act in conjunction with the Listing Agent e Listing Agent to act in conjunction with one another as agreed to by the Vendor for the benefit of the Vendor.

(6)

Commission:  The selling fee negotiated between the Listing Agent and the Vendor in the Authority, which selling fee is to be apportioned in accordance with Item 7.2(11) between the Listing Agent and Conjunctional-Agent under the terms of this Agreement.

(7)

GST: where used in this Agreement, has the meaning used in A New Tax System (Goods and& Services Tax) Act 1999 and “GST” includes any applicable rulings issued by the Commissioner of Taxation.

(8)

Listing Agent:  The Agent appointed by the Vendor in accordance with the Authority. under a Selling or Auction Authority.

(9)

Item: an Item in the Item Schedule forming part of this Authority.

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


Clause 2

By signing this Agreement the Listing Agent and& Conjunctional-Agent agree:


Clause 3

Listing Agent Obligations and& Authority

3.1

The Listing Agent will:

(2)

comply with the Agreement uthority and will not breach or make any alterations to the Authority without having first notified the Conjunctional-Agent and having obtained the Conjunctional-Agent’s written consent.

(3)

when requested in writing, by the Conjunctional-Agent, promptly provide a copy of the Vendor’s written authority authorising commission sharing with the Conjunctional-Agent.

(4)

comply with its obligations under the Authority with the Vendor and not breach or cause the obligations to be changed them in any way that may prevent the Agent from recovering Commission and other monies under the Authority.

(6)

forthwith upon payment of the Commission to it, notify the Conjunctional-Agent.

3.2

The Listing Agent confirms:

(1)

It has entered into, and has complied with and is not in breach of the terms of a valid and legally binding Authority in compliance with the Act, with the Vendor to sell the Property.


Clause 4

Conjunctional-Agent Obligations and& Authority

4.1

The Conjunctional-Agent will carry out its duties as listed in Item (9). Any services provided will be appropriate and carried out with all reasonable due care and skill and in a fit and proper manner.

4.2

Throughout the term of this Agreement, the Conjunctional-Agent agrees it must not contravene any provisions of the Listing Agent’s Authority with the Vendor.

4.3

The Conjunctional Agent agrees all communications (including offers and otherwise) with the Vendor must be made through the Listing Agency. The Conjunctional-Agent will not approach the Vendor seeking any appointment relevant to the Act which would in any way diminish the Listing Agent’s rights under the Authority.


Clause 5

Commission Apportionment

5.1

The parties confirm, prior to signing this Agreement the Listing Agent advised the Conjunctional-Agent that expenses and Commission payments were subject to negotiation.

5.2

The Conjunctional-Agent, having observed its obligations and duties under this Agreement and not being in breach, shall be entitled to its portion of the Commission as set out in Item 7.2(11) pursuant to the Authority.

5.3

Notwithstanding the term of this Agreement may have concluded, the Conjunctional-Agent will be entitled to its portion of the Commission if the Property is sold to a buyer introduced to the Property by the Conjunctional Agent, or a Buyer is introduced to the Property during the term of this Agreement.

5.4

The Conjunction Agent will, at or before Settlement, provide an invoice to the Listing Agent.The portion of the Commission to which the Conjunctional Agent is entitled (in accordance with Item 7.2) will be payable as soon as practicable after Settlement of the Contract of Sale but in any case, not more than 2 Business Days after receipt of the invoice by the Listing Agent.

The portion of the Commission to which the Co-Agent is entitled will be payable as soon as practicable after Settlement of the Contract of Sale but in any case, not more than 2 Business Days after receipt of same by the Listing Agent.

5.5

Commission may only be apportioned between the Listing Agent and Conjunctional-Agent named in both this Agreement and the Section 48 Notice (Item 11).  Commission sharing with other parties will not occur without the Conjunctional-Agent’s prior written approval.


Clause 6

Breach and& Termination

Termination of this Agreement will occur:

6.1

A party alleging breach default must, before legal action may be instituted by either party or this Agreement terminated, serve on the other party, a notice detailing particulars of the default and the remedy sought and giving the other party 14 days from the date of service of the notice to remedy the default and make good any loss or damage (including costs) incurred by the aggrieved party, failing which, the provisions of Clause 6.2 will apply.

6.2

Failure to comply with the notice to remedy breach will allow the aggrieved party to terminate and/or institute proceedings in relation to the breach complained of.

(1)

by agreement between the Listing Agency and Conjunctional Agency;

(2)

on completion or expiry of this Agreement or the Authority in accordance with the Estate Agents Act 1980;

(3)

where there is a breach of this Agreement or the Authority by either party; or

(4)

as provided by item 7.1.


Clause 7

Making a Complaint Concerning Commission and/or Outgoings

7.1

Any complaint relating to commission or outgoings can be made to the Director, Consumer Affairs Victoria, GPO Box 4567, Melbourne VIC 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.

7.2

Where both Agents are members of the Real Estate Institute of Victoria (REIV) any complaint may be referred to the Institute for resolution in accordance with its established procedures.


Clause 7

Interest on Overdue Monies

Where the Listing Agent has received the commission monies from the Vendor, a fFailure by the Listing Agent to pay the Conjunctional-Agent commission monies when due will attract Interest from the due date for payment, to the date of payment, at the rate prescribed in Item (10)


Clause 8

Authority to Sign

Where this Agreement is executed by a person on behalf of either the Listing Agent or Conjunctional-Agent, the signing party will, upon request, by the Listing Agent or Conjunctional-Agent produce evidence of authority to sign.


Clause 9

Notice

9.1

Any notice to be served on any party under this Agreement Contract shall be in writing and may be served on that party:

(1a)

by delivering the notice to the party personally; or

(2b)

by leaving it for the party at the party’s address as stated in Items (1) or (2); or

(3c)

by posting it to the party, by registered mail as a letter addressed to the party at the address as stated in Item (1) or (2); or

(d)

by a sender’s cleared facsimile transmission to the party's facsimile number in Item (1) or (2); or

(4)

if both parties agree and it is lawful, by electronic transmission in accordance with Clause 10 of this Agreement. to the party at the email address shown for that party in the Item Schedule. (Refer to Item (1) to (2) of this Contract)

9.3

A facsimile notice shall be deemed to have been served when transmitted to the facsimile number, agreed upon by the recipient, at the time of the facsimile transmission in accordance with the Electronic Transactions (Victoria) Act 2000 and otherwise complies with legislation.

9.3

Notices must be served before 05:00pm AEST on a Business Day, failing which, such Notice will be deemed to have been served on the next Business Day.


Clause 10

Provision of Documents

The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number in the Item Schedule to this Agreement.

10.1

By signing this Appointment the parties acknowledge having given prior approval, in accordance with the Electronic Transactions (Victoria) Act 2000, for electronic transmission of this Appointment and any related documents and communications (for signing purposes or otherwise) to a party at an appropriate electronic address provided  by that party either in the Item Schedule to this Agreement or otherwise

10.2

The parties agree and consent to execution, by any party, of documents electronically using a method provided by an electronic signing service provider.

 

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).