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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
28 Nov 2023 v3.5
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Item 20
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CAPITAL GAINS WITHHOLDING PAYMENT (To be completed by the Vendor)
Note: For properties with a market value of, at or more than, $750,000 a buyer must withhold 12.5% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless:
•the Vendor has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 – (Cth) Subdivision 14-D) and provides it to the buyer in a timely manner prior to settlement; or •the Vendor is a mortgagee exercising power of sale and the residue payable to the mortgagee after payment of sale costs and mortgage debt is not more than zero and the mortgagee provides a written declaration to that effect to the buyer in a timely manner prior to settlement. (1) Does the Vendor have a Clearance Certificate? __ Yes __ No __ N/A
(2) If ‘No’ above has the Vendor applied? __ Yes on …... / …... / …... __ No
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13 Dec 2022 v3.4
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Item 1
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VENDOR
Name/s: ………………………………………………………………………………………………………………
Business Name: ..............................................................................................................................
Address: ………………………………………………………………………………………………………………
ABN: …………………… ACN: …………………… Phone: (…)……………………Mobile: ………………
Email: ……………………………………………………………………………...… GST Registered: Yes/No
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Item 3
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AGENT
Name/s: ………………………………………………………………………………………………………………
Address: ………………………………………………………………………………………………………………
ABN: ………………… ACN: ………………… Phone: (…)………………….…Mobile: ………………….
Contact: ………………………………………………………………………………………………………………
Email: ………………………………………………………………….…… Licence No.:………………………...
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18 Aug 2021 v3.3
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Item 6
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AGENT’S ESTIMATE OF SELLING PRICE (Section 47A of the Estate Agents Act 1980) Clause 12
Note: This amount is an estimate not a valuation. The GST status of any estimate is as indicated in Item 5.
Note: If a price range is specified, the difference between the upper and lower amounts cannot be more than 10% of the lower amount.
Single amount: $ …………………… OR Between $ …………………… and $ ……………………
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Item 14
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COMMISSION SHARING
Will the Agent’s commission be shared with other people (other than a licensed estate agent or an agent’s representative either of whom are employed by the agent, or a licensed agent who is in partnership with the agent)?
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Clause 4
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Agent’s Obligations and Authority
4.3
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The Agent is authorised to liaise with and provide instructions to the Vendor’s solicitor or conveyancer with respect to the preparation, completion and exchange of the Section 32 statement (in accordance with the Sale of Land Act 1962) and Contract of Sale.
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4.4
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The Agent is authorised under this Authority, in accordance with Section 53A of the Act, to fill out a standard form contract, or a contract prepared by an Australian Legal Practitioner (for example, the ADL Contract of Sale of Real Estate).
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Clause 19
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Related Documents / Notices / Electronic Communication
19.5
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Documents given by a party's solicitor or conveyancer will be deemed to have been given by and with the authority of the party.
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22 Apr 2021 v3.2
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Item 20
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Note: For properties with a market value of, at or more than, $750,000 a buyer must withhold 12.5% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless: the Vendor has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $750,000 or more and the Vendor is an Australian Resident it would be advisable for the Vendor to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.
•the Vendor has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D) and provides it to the buyer in a timely manner prior to settlement; or •the Vendor is a mortgagee exercising power of sale and the residue payable to the mortgagee after payment of sale costs and mortgage debt is not more than zero and the mortgagee provides a written declaration to that effect to the buyer in a timely manner prior to settlement.
(1)
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Does the Vendor have a Clearance Certificate? __ Yes __ No __ N/A
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(2)
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If ‘No’ above has the Vendor applied? __ Yes on …… / …… / …… __ No
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Clause 17.3(2)
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Owner’s Corporations and financial institutions; and/or
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16 Apr 2019 v3.1
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Item 12.1
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Estimated Sale Price: $ ……….............................. <Including GST (if applicable)/Excluding GST>
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03 Dec 2019 v3.0
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Item 12.1
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Estimated Sale Price: $ ……….............. <Including GST/Excluding GST> (Including GST if applicable)
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30 May 2019 v2.9
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Item 1
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Name/s: …………………………………………………………………………………………………………….
Business Name: ……………………………………………………………………………………………………
Address: …………………………………………………………………………………………………………….
ABN: …………….. Phone: (…)………………….. Fax: (…)………………….. Mobile: …………………
Email: ………………………………………………………………………........... GST Registered: Yes/No
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Item 2
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Solicitor/Conveyancer: ……………………………………………………………………………………………...
Company: …………………………………………………………………………………………………………….
Business Address: …………………………………………………………………………………………….……
Service of Documents Address: ……………………………………………………………………………………
Phone: (…)………………………… Fax: (…)………………………… Mobile: …………………………………
Email: …………………………………………………………………………………………………………………
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Item 3
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Name/s: …………………………………………………………………………………………………………….
Address: …………………………………………………………………………………………………………….
ABN: …………….. Phone: (…)………………….. Fax: (…) ………………….. Mobile: …………………
Contact: …………………………………………………………………………………………………………….
Email: ……………………………………………………………………… Licence No.: …………………….
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Item 12 Note
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Note: Where the Commission Method is expressed as a percentage (Item 12.2) the Commission Amount (Item 12.3) is an estimated amount calculated on the Estimated Sale Price (Item 12.1) and the actual commission for this service will be worked out only on the actual sale price.
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Clause 1.1(5)
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Data Collection Agency: means an agency or organisation that collects real estate data to provide information to the real estate, finance and property valuation industries to enable data analysis.
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Clause 1.1(11)
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Personal Information: means personal information as defined in the Privacy Act 1988 (CTH).
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Clause 17
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17.1
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The Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988 (CTH)) and where required maintain a Privacy Policy.
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17.2
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The Privacy Policy outlines how the Agent collects and uses Personal Information provided by you as the Vendor, or obtained by other means, to provide the services required by you or on your behalf.
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17.3
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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 information to:
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(1)
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potential buyers, to the extent required to prepare a contract for the sale of the Property; and/or
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(2)
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property data collection agencies; and/or
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(2)
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Owner’s Corporations and financial institutions; and/or
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(3)
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other third parties as may be required by the Agent for the purposes of marketing, sales promotion, and administration relating to the use of the Agent’s products and services, and but must do so in complianceying with legislative and regulatory requirements.
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17.4
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Documents or copies of documents provided to establish the identity of the Vendor or persons entitled to deal on behalf of the Vendor, will be retained by the Agent in accordance with the Australian Privacy Principles and will not be used for any purpose other than confirming the identity of such person/s.
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17.5
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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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17.6
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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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17.7
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The Agent will provide (where applicable), on request, a copy of its Privacy Policy.
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Clause 18
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Data Collection
Upon signing this Authority the parties agree the Agent, and the form completion service provider providing this form, may without disclosing Personal Information collect, use and disclose to Data Collection Agencies information contained in this Authority and any subsequent sales contract.
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26 May 2018 v2.8
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Clause 16
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In compliance with the Estate Agents (Professional Conduct) Regulations 20108 the Agent has in place procedures for resolving complaints and disputes arising from the operation of the Agent’s 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 Agent’s performance.
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07 May 2018 v2.7
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Title
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Exclusive Auction Agency Authority
(Commercial)
(Note: Where there is insufficient space in any Item place details in an Annexure and refer to the Annexure in the Item - e.g. ‘Refer Additional Expenses Annexure’)
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Item 3
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Name/s: …………………………………………………………………………………………………………….
Address: …………………………………………………………………………………………………………….
ABN: …………….. Phone: (…)………………….. Fax: (…) ………………….. Mobile: …………………
Contact: …………………………………………………………………………………………………………….
Email: ……………………………………………………………………… Licence No.: …………………….
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Item 7
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Date: …… / …… / …… Time: ……………… Place: …………………………………………………………
Auctioneer’s Fee: ………………………………………………………………………………………………….
Fee on Cancellation (Mortgagee Sales only): Fee Payable: ………….% of the commission calculated in accordance with Item 12.2.
Note: Where no figure is inserted the cancellation fee will be calculated using 75%.
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Item 8
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Co-Owners Names
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Is the Co-Owner intending to bid to purchase the interest of a Co-Owner in the Property?
(Yes/No/Undecided)
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1)
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……………………………………………………………
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………………………………….
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2)
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……………………………………………………………
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………………………………….
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3)
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……………………………………………………………
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………………………………….
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4)
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……………………………………………………………
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………………………………….
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5)
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……………………………………………………………
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………………………………….
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Is a Co-Owner intending to bid to purchase the interest of a Co-Owner in the Property?
Name 1: ………………………………………………………………………………… <Yes/No/Undecided>
Name 2: ………………………………………………………………………………… <Yes/No/Undecided>
Name 3: ………………………………………………………………………………… <Yes/No/Undecided>
Name 4: ………………………………………………………………………………… <Yes/No/Undecided>
The A Co-Owner must advise the Agent of its intention to bid not less than one Business Day prior to Auction.
Signature of Agent: …………………………………… Date: ……/……/…..
By signing the Co-Owners acknowledge they have read and agree to the provisions of Clauses 6.10 and 12 of the Terms of Authority.
Signatures of Vendor(s):
…………………………… …………………………… …………………………… Date: .…./.…./……
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Item 20
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Note: For properties with a market value of, at or more than, $750,000 a buyer must withhold 12.5% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Vendor has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $750,000 or more and the Vendor is an Australian Resident it would be advisable for the Vendor to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.
Has the Vendor received from the ATO a:
Clearance Certificate: __ Yes __ Have Applied on: …… / …… / ……. __ N/A
(1) Does the Vendor have a Clearance Certificate? __ Yes __ No __ N/A
(2) If ‘No’ above has the Vendor applied? __ Yes on …... / …... / …... __ No
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Item 21
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Signature of Agent:
………………………………………………………..……………………………… Date: .…./.…./……
By signing this Authority the Vendor(s) confirm(s) having read and understood the provisions of Clause 2.1 of the Authority.
Signatures of Vendor(s):
………………………………………………………..……………………………… Date: .…./.…./……
………………………………………………………..……………………………… Date: .…./.…./……
………………………………………………………..……………………………… Date: .…./.…./……
By signing below the parties acknowledge and confirm having read and understood this Authority.
Signature of Vendor(s) Date: Date:
……………………………………… …… / …… / …… …………………………… …… / …… / ……
……………………………………… …… / …… / …… …………………………… …… / …… / ……
Note: Where signed by Vendor’s authorised representative or the Vendor is a corporation evidence of authority to sign must be provided.
Signature of Agent:
……………………………………… Date: …… / …… / …….
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Clause 1.1(11)
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Related Document: means any written communication (including Notices), with regard to this matter, between the parties, including any Electronic Documents.
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Clause 2.1
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By signing this Authority the Vendor(s) warrants and confirms:
(1)
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it is the owner of the Property
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(1)
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having read this Authority.
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(2)
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it has authority being authorised to enter into this Authority
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(3)
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having authority to grant the Agent selling rights of the Property.
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Clause 7
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Mortgagee Sale
Should the Vendor acting as mortgagee in possession cancel the Auction, the Vendor will:
(1)
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reimburse the Agent for all Fees and Expenses incurred up to the date of cancellation of the Auction.
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(2)
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if such cancellation is more than 14 days after the date of this Authority, pay to the Agent the sum determined in accordance with Item 7 of the Item Schedule.
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Clause 18
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Related Documents / Notices / Electronic Communication
18.1
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The parties agree and confirm any documents and communications in relation to this Authority may be forwarded electronically in accordance with this clause and where this document has been forwarded electronically (either for signing or otherwise) the party receiving the document confirms having consented to the delivery of the document (and any other materials) by way of the electronic means of delivery before receiving the documentation.
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18.2
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Any Related Document, including this Authority, to be served on any party under this Authority shall be in writing and may be served on that party:
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(1)
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by delivering it to the party personally; or
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(2)
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by leaving it for the party at that party’s address as stated in this Authority the Item Schedule; or
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(3)
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by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Authority the Item Schedule; or
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(4)
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by as an electronic communication by facsimile transmission, email or SMS text message to the party at the appropriate electronic address as stated in this Authority the Item Schedule; or
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(5)
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by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 18.2(1) to (4) above.
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18.3
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A Related document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the Related document would be delivered.
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18.4
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A Related document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions (Victoria) Act 2000.
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18.5
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Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.
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18.6
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Related Documents must be served before 5pm on a business day, failing which, such Related document will be deemed to have been served on the next business day.
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18.7
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The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.
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18.8
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The parties agree to execution, delivery and service of Related documents electronically by a method provided by DocuSign or such other agreed electronic signing service provider.
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01 Jul 2017 v2.6
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Item 20
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Note: For properties with a market value of, at or more than, $2,000,000 $750,000 a buyer must withhold 10 12.5% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Vendor has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $2,000,000 $750,000 or more and the Vendor is an Australian Resident it would be advisable for the Vendor to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.
Has the Vendor received from the ATO a:
Clearance Certificate: __ Yes __ Have Applied on: …… / …… / ……. __ N/A
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01 May 2017 v2.5
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Item 12
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The Agent’s Commission will be as calculated on the Estimated Sale Price (Item (12.1)) using one of the Commission Methods set out in Item 12.2:
12.1
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Estimated Sale Price: $ …………………………………… (Including GST if applicable)
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12.2
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Commission Method: (tick only one)
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__
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………… % (incl. GST) of the Sale Price
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__
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………… % (incl. GST) of the first $ ………… of the Sale Price plus ………… % (incl. GST) of the Balance
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__
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Fixed Amount of $ ……………….. (incl. GST)
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__
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Other: …………………………………………………………………………………………………
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12.3
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Commission Amount: $ …………… plus GST of $ …………… Total Payable: $ ……………… (incl. GST)
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Note: Where the commission is expressed as a percentage of Sale Price or part thereof (Item 12.2) the Commission Amount (Item 12.3) is an estimated amount calculated on the Estimated Sale Price (Item 12.1) and upon sale of the Property the actual commission for this service will be calculated worked out only on the actual sale price.
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Item 15
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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.
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__
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The Agent will not be, or is not likely to be, entitled to any rebates.
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OR
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__
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The Agent will be, or is likely to be, entitled to rebates.
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These rebates are listed below. List of rebates:
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•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
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Name of person or organisation providing rebate
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Amount (including GST) (if amount not known, provide an estimate)
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Clause 1.1(5)
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Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions (Victoria) Act 2000 including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.
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Clause 1.1(11)
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Related Document: means any written communication (including Notices), with regard to this matter, between the parties including any Electronic Documents.
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Clause 10
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Financial and Investment Advice
10.1
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The Agent makes no representation as to being a financial or investment advisor.
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10.2
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The Vendor acknowledges any financial and investment advice provided by the Agent is general advice and its preparation has not taken into account the individual circumstances of the person or the person’s objectives, financial situation or needs.
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10.3
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An intending buyer should assess the suitability of any investment in the Property in the light of the buyer’s own needs and circumstances, which the buyer can do personally or by consulting an appropriately licensed financial adviser.
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10.4
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If there is any conflict of interest the Agent may have in connection with the provision of the advice referred to above the Agent must disclose full details of any benefits that may accrue to the Agent as a result thereof.
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Clause 11
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Agent’s Opinion
11.1
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The Agent makes no representation as to being a financial or investment advisor.
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11.1
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In respect of the Agent’s Estimate of Selling Price or Estimate of Selling Price Range (ESP) (Item 6) it is:
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(1)
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applicable as at the date of this Authority; and
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(2)
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the Agent’s honest and fair opinion.
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11.2
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The Agent’s Estimated Selling Price range is applicable as at the date of this Authority and is the Agent’s honest and fair opinion of the estimated value.
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11.2
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Nothing in this section requires the Estimated Selling Price ESP and the Vendor's Reserve Price (Item 5) to be the same amount.
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11.3
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An Agent making a false representation as to the Estimate Selling Price ESP commits an offense under the Act in which case penalties apply.
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Clause 13
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Provision of Documents
The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address or facsimile number in the Item Schedule to this Authority.
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Clause 17
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Related Documents/Notices
17.1
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The parties agree and confirm documents may be forwarded electronically in accordance with this clause.
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17.2
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Any Related Document, including this Authority, to be served on any party under this Authority shall be in writing and may be served on that party:
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(1)
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by delivering it to the party personally; or
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(2)
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by leaving it for the party at that party’s address as stated in the Item Schedule; or
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(3)
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by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in the Item Schedule; or
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(4)
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as an electronic communication by facsimile transmission, email or SMS text message to the party at the appropriate electronic address as stated in the Item Schedule; or
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(5)
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by delivery to an alternative address provided in writing by the party, by any of the methods outlined in Clauses 17.2(1) to (4) above.
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17.3
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A Related Document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the Related Document would be delivered.
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17.4
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A Related Document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions (Victoria) Act 2000.
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17.5
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Related Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.
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17.6
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Related Documents must be served before 5pm on a business day, failing which, such Related Document will be deemed to have been served on the next business day.
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17.7
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The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.
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17.8
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The parties agree to execution, delivery and service of Related Documents electronically by a method provided by DocuSign or such other agreed electronic signing service provider.
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30 Sep 2016 v2.4
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Item 20
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CAPITAL GAINS WITHHOLDING PAYMENT (To be completed by the Vendor)
Note: For properties with a market value of, at or more than, $2,000,000 a Buyer must withhold 10% of the purchase price and pay such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Vendor has obtained a Clearance Certificate from the ATO (Taxation Administration Act 1953 (Cth) – Subdivision 14-D). If this Property is likely to sell for $2,000,000 or more and the Vendor is an Australian Resident it would be advisable for the Vendor to obtain a Clearance Certificate from the ATO to prevent purchase monies being withheld.
Has the Vendor received from the ATO a:
Clearance Certificate: __ Yes __ Have Applied on: …… / …… / ……. __ N/A
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18 May 2016 v2.3
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Item 4.3
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Included Fittings/Furnishings/Chattels:
(a) Included Items:
(b) Excluded Items:
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Item 5
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Vendor’s Reserve Price: $ ………………………………………… GST exempt / including GST GST Inclusive
Vendor’s Preferred Settlement Date: …………………… days from date of Contract
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Item 12
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COMMISSION FEE PAYABLE TO AGENT FOR SERVICES
(this statement must be incorporated within the Authority in the approved form – s49A(1)(c) Estate Agents Act 1980)
Selling Fee:
Based on an estimated Selling Price of $......................... GST Exempt/Including GST the Agent’s Selling Fee would be as calculated using one of the following methods:
__ ………….% of the Selling Price
__ …..….….% of the first $ ...................... of the Selling Price plus ………% of the balance
__ Fixed amount of $ …………………….. plus GST
__ Other: ………………………………………………………………………………………………………………
Where calculated on a % basis, as set out above, the Selling Fee as an actual dollar amount would be:
Selling Fee: $ .......................... plus GST of $ ……..…….…. Total Fee Payable: $ ………... (incl. GST)
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The Agent’s Commission will be as calculated on the Estimated Sale Price (Item (12.1)) using one of the Commission Methods set out in Item (12.2):
12.1 Estimated Sale Price: $ …………………………………… (Including GST if applicable)
12.2 Commission Method: (tick only one)
__ ………… % (incl. GST) of the Sale Price
__ ………… % (incl. GST) of the first $ ………… of the Sale Price plus ………… % (incl. GST) of the Balance
__ Fixed Amount of $ ……………….. (incl. GST)
__ Other: ……………………………………………………………………………………………………………
12.3 Commission Amount: $ …………… plus GST of $ ……… Total Payable: $ …………… (incl. GST)
Note: Where the commission is expressed as a percentage of Sale Price or part thereof (Item 12.2) the Commission (Item 12.3) is an amount calculated on the Estimated Sale Price (Item 12.1) and upon sale of the Property the actual commission for this service will be calculated only on the actual sale price.
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Item 13
HEADING
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EXPENSES (Attach schedule Iif insufficient space room attach schedule)
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Item 19
HEADING
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SPECIAL CONDITIONS
The Special Conditions to this Authority are where inserted at the direction of under instruction from the Vendor a party to this Authority and where not prepared by that party, were prepared by the Vendor or an Australian Legal Practitioner instructed by the Vendor and not by the Agent. No warranty is given by the Agent with respect to such clauses. Legal advice should be sought.
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Clause 1.1(4)
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Commission: includes fees, charges, rewards or other remuneration whether monetary or otherwise.
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Clause 2.1(8)
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that, prior to signing, the Vendor’s attention has been drawn to Item (14) Commission Sharing, Item (15) Rebate Statement, Item (16) Making a Complaint Concerning Commission and/or Outgoings, Item (15) Rebate Statement and Clause 15 Dispute Resolution.
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Clause 4.5
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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 of the sale contract.
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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 5.4
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Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Vendor is not to deface, damage or remove such label.
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Clause 6.9
|
In the case of rejecting an offer in accordance with Clause 6.8 the Vendor is not required to pay the Agent a Commission Selling Fee (Item 12).
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Clause 7
|
Indemnity
The Agent having complied with its obligations under this Authority and not having been negligent, 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:
(a)
|
the Vendor’s failure (without fault on the part of the Agent) to comply with this Authority; or
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(b)
|
the Vendor’s failure to give the Agent appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or
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(c)
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in accordance with the terms and conditions of this Authority, the Agent acting on behalf of the Vendor under this Authority; or
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(d)
|
a warning label or safety instructions having been removed, damaged or defaced where a product or fitting has been supplied to the Property with such a label or instruction attached.
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Clause 8
|
Commissions, Fees and Expenses Agent’s Fee Reimbursement
8.1
|
The Vendor acknowledges the Agent is entitled to the Commission Selling Fee if:
(a)
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during the initial or any extended exclusive authority period (Item 9) the Property is sold; or
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(b)
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during the ongoing authority period (Item 10) the Property is sold and the Agent is the effective cause of sale; or
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(c)
|
during the initial or extended or ongoing authority period a signed offer is provided by the Agent to the Vendor which is in the form of a contact enforceable if signed by the Vendor and exchanged with the Buyer, at a price that is not less than the Vendor’s Reserve Price (Item 5) and otherwise in accordance with this Authority; or
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(d)
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a binding sale contract is entered into pursuant to or in accordance with Clauses 8.1 (a), 8.1(b) or 8.1(d) and not completed due to the default of the Vendor
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8.2
|
The Agent will be entitled to the Commission Selling Fee if the Property is sold during the exclusive authority period irrespective of whether the Property is sold by the Agent, Vendor or another person.
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8.3
|
The Commission 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 Reserve Price set out in Item (5).
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8.4
|
The Commission Selling Fee, as detailed in Item (12), will be payable by the Vendor on settlement of the sale or within 7 days of the Vendor’s default in Clause 8.1(e).
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8.5
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The Vendor authorises and directs the Commission Selling Fee, fees and Expenses (including taxes and GST if applicable) to be paid to the Agent by the person (including the Agent) 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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8.6
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The Agent will not be entitled to the Commission Selling Fee (Item 12) if after the termination or conclusion of this Authority the Vendor has signed an Exclusive Authority with another Agent.
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8.7
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The Agent is entitled to Fees for Services and reimbursement or payment of Expenses (including any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Vendor) as set out in Items (12.1), (13) and (in the case of a Mortgagee Sale where the Fee on Cancellation applies) Item (12.2) respectively, and whilst this Authority is in force and provided there are no genuine disputes as to the Agent’s conduct of this Authority, is irrevocably authorised to deduct from monies received by the Agent on behalf of the Vendor, all such Fees, Commissions and Expenses.
The Vendor will pay all Commissions, fees, charges, Expenses and other outlays owing to or incurred by the Agent in association with this Authority (including any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Vendor), as detailed in Items (7), (12) and (13).
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8.8
|
This Authority cannot be varied without agreement in writing signed by the parties.
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8.9
|
Unless otherwise stated, all prices of Goods and Services under this Authority include (where applicable) GST.
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8.10
|
If the Agent is entitled to an input tax credit on any payment or expense the Vendor will reimburse such payment or expense to the Agent at its GST free value unless payment by the Vendor to the Agent amounts to a taxable supply as defined in the GST Act in which case the Vendor will pay the payment or expense plus GST.
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8.11
|
The Vendor acknowledges the Agent may, during the term of the Authority, to better facilitate the provisions of the Authority, utilise the services of another Agent in which case there may be commission sharing and upon the Vendor granting consent to commission sharing, which consent will not be unreasonably withheld, the Vendor will complete a new Authority making such provision, but otherwise on the same terms as this Authority (unless amendment is agreed to) including completion of Item (14) to enable such commission sharing for the balance term of this Authority.
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8.12
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The parties agree the Property is sold, or a sale obtained, when a binding contract, which is obtained in compliance with this Authority for the sale of this Property becomes unconditional.
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8.13
|
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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|
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Clause 12
|
Mortgagee Sale
Should the Vendor acting as mortgagee in possession cancel the Auction, the Vendor will:
(1)
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reimburse the Agent for all Fees and Expenses incurred up to the date of cancellation of the Auction.
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(2)
|
if such cancellation is more than 14 days after the date of this Authority, pay to the Agent the sum determined in accordance with Item (12.2) of the Item Schedule.
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Clause 12
|
Buyer’s Default
In the case of default by the Buyer in not completing the purchase the Vendor will pay the Agent’s Commissions, Ffees and/or Expenses and to do so may utilize any forfeited or recovered deposit monies. Should any balance Commissions, Ffees and/or Expenses remain unpaid thereafter, the Vendor shall pay same in accordance with this Authority.
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Clause 18
|
Safety
Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Vendor is not to deface, damage or remove such label.
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11 Jun 2015 v2.2
Copyright statement updated.
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01 Mar 2015 v2.1
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Item 16
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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.
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Clause 7(d)
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a warning label or safety instructions having been removed, damaged or defaced where a product or fitting has been supplied to the Property with such a label or instruction attached.
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Clause 18
|
Safety
Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Vendor is not to deface, damage or remove such label.
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12 Mar 2014 v2.0
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Clause 17
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Privacy Statement
17.1
|
The Agent collects and uses personal information provided by you as the Vendor to provide the services required by you or on your behalf.
The Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.
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17.2
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The Privacy Policy outlines how the Agent collects and uses personal information provided by you as the Vendor, or obtained by other means, to provide the services required by you or on your behalf.
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17.3
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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 information to:
(1)
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potential buyers, to the extent required to prepare a contract for the sale of the Property; and/or
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(2)
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property data collection agencies; and/or
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(3)
|
Body Corporates Owners Corporations & financial institutions; and/or
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(4)
|
other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.
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17.4
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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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17.5
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The Vendor has the right to access such information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
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17.6
|
The Agent will provide (where applicable), on request, a copy of its Privacy Policy.
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17.7
|
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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06 Jan 2014 v1.9
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Item 12.1
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Selling Fee:
Based on an estimated Selling Price of $......................... GST Exempt/Including GST the Agent’s Selling Fee would be as calculated using one of the following methods:
__ ………….% of the Selling Price
__ …..…….% of the first $...................... of the GST excl. Selling Price plus ………% of the balance
__ Fixed amount of $ …………………….. plus GST
__ Other: ………………………………………………………………………………………………………
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03 Oct 2013 v1.8
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Item 5
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VENDOR’S RESERVE PRICE & SETTLEME Clause 6.1
Note: Vendor should obtain independent advice as to Sale Price
Vendor’s Reserve Price: ………………………………………………………..……GST exempt / including GST
Vendor’s Preferred Settlement Date: …………………… days from date of Contract
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Item 6
|
AGENT’S ESTIMATE OF SELLING PRICE (Section 47A of the Estate Agents Act 1980) Clause 10
Note: This amount is an estimate not a valuation and must state any GST component. (if applicable) The GST status of any estimate is as indicated in Item 5
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Item 9
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TERM OF EXCLUSIVE SELLING AUTHORITY PERIOD (SOLE AGENCY) Clauses 3 & 8.1 (a)
(Where no end period is stated, Section 54(1) of the Estate Agents Act 1980 shall apply – See Item (9) herein)
9.1
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This Exclusive Selling Authority Period will be for a period of ………… days from the date of signing this Authority.
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SOLE AGENCY PERIOD Note: (Section 54 (1) of the Estate Agents Act 1980)
9.2
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Note: (Section 54 (1) of the Estate Agents Act 1980)
If an agreement stating that an estate agent is to act as the sole agent for the sale of any real estate or business does not state when the sole agency is to end, the sole agency ends:
(a) in the case of a sale by auction, 30 days after the date of the auction; or
(b) in any other case, 60 days after the date the agreement is signed by, or on behalf of, the vendor of the real estate or business.
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|
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Item 10
|
NON EXCLUSIVE SELLING ONGOING AUTHORITY PERIOD Clauses 3.3 & 8.1(b)
10.1
|
At the end of the term of the Exclusive Authority Selling period (Item 9), unless terminated, this Authority will continue as an Non Exclusive Selling ongoing authority for a period of ……….. days (ongoing authority period). Note: Where no days are inserted, the period shall be 1 Business Day.
The Vendor Agrees: __ Yes __ No Vendor’s Initials: …………………..
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10.2
|
Either party may terminate this Authority during the non exclusive selling 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.
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|
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Item 11
|
PERFORMANCE OF SERVICE SPECIAL INSTRUCTIONS
Note: Terms must not be unfair, refer Schedule 1, Part 2-3 of the Competition and Consumer Act 2010 (Cth).
The parties agree the Agent will perform the services set out below and the Agent agrees to perform such services with due care & skill. [If insufficient space attach schedule]
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|
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Item 12
|
FEE PAYABLE TO AGENT FOR SERVICES Clause 8
(this statement must be incorporated within the Authority in the approved form – s49A(1)(c) Estate Agents Act 1980)
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Item 13
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Item 15
|
FEES AND EXPENSES ACKNOWLEDGEMENT
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 14
|
NOTICE OF COMMISSION SHARING Clause 8.11
Commission Sharing applicable: Will the Agent’s commission 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.)?
__ Yes __ No (Important - if “Yes”, complete this Item see clause 2.1(9))
Important information for Vendor(s)
If the Agent has agreed to share the commission that will be payable for selling your property, before getting your signature to engage or appoint them, they must give you this commission sharing statement. This statement shows details of all other people who will share in the commission.
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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.)
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
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Description of such person
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|
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|
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Item 15
|
REBATE STATEMENT
(this statement must be incorporated within the Authority in the approved form – s49A(1)(c) Estate Agents Act 1980)
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Item 16
|
MAKING A COMPLAINT CONCERNING COMMISSIONS AND/OR OUTGOINGS
(this statement must be incorporated within the Authority in the approved form – s49A(1)(c) Estate Agents Act 1980)
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Item 19
|
SPECIAL CONDITIONS Clause 15
The Special Conditions are inserted under instruction from a party to this Authority and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent. Legal advice should be sought.
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Item 20
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Signature of Agent:
………………………………..............………… Date: ……/……/…..
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 Vendor(s) confirm(s) having read and understood the provisions of Clause 2.1 of the Authority.
Signature of Agent:
………………………………………… Date: ……/……/…..
Signatures of Vendor(s):
………………………………..............………… Date: ……/……/…..
………………………………..............………… Date: ……/……/…..
………………………………..............………… Date: ……/……/…..
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Clause 2.1
|
By signing this Authority the Vendor(s) warrants and confirms:
(1)
|
having read this Authority.
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(2)
|
being authorised to enter into this Authority
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(3)
|
having authority to grant the Agent selling rights of the Property.
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(4)
|
the Property is not subject to any binding sale contract at the time of entering into this Authority
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(5)
|
the Vendor’s attention has been drawn to Clause 16 relating to Dispute Resolution.
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(5)
|
that, in accordance with s 49A(1)(b) of the Estate Agents Act 1980, prior to signing this Authority the Vendor was advised by the Agent that Expenses and Commission were subject to negotiation,.
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(6)
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having received at the time of signing a signed copy of this Authority.
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(7)
|
having had the opportunity to obtain legal and other professional advice with respect to this Authority.
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(8)
|
that, prior to signing, the Vendor’s attention has been drawn to Item (14) Commission Sharing, Item (16) Making a Complaint Concerning Commission and/or Outgoings, Item (15) Rebate Statement and Clause 16 Dispute Resolution.
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(9)
|
Where commission sharing is applicable as indicated in Item (14) the Vendor acknowledges, prior to signing this Authority, having received a notice of commission sharing in accordance with section 48 of the Estate Agents Act 1980.
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Clause 3
|
Agency and Authority
3.1
|
Exclusive Authority
The Vendor by this Authority appoints the Agent as Exclusive (Sole) Agent for the term of this Authority as set out in Item (9) or any extension to the exclusive authority period thereof and will refer any prospective buyers of which the Vendor becomes aware to the Agent. Authority vested in the Agent by this Authority shall be deemed to be vested in the Agent’s authorised employees.
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3.2
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The Agent agrees to such appointment.
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3.3
|
Ongoing Authority
Either party may terminate this Authority during the ongoing authority period at any time on the giving of not less than 14 days written notice. Such termination will be without prejudice to either party’s existing rights, duties or obligations.
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|
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Clause 4.1
|
The Agent will market the Property, as instructed by the Vendor in accordance with this Exclusive Auction Authority.
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|
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Clause 7
|
The Agent having complied with its obligations under this Authority and not having been negligent, 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 8.1
|
The Vendor acknowledges the Agent is entitled to the Selling Fee if:
(a)
|
during the initial or any extended exclusive authority period (Item 9) the Property is sold; or
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(b)
|
during the Non Exclusive ongoing authority period (Item 10) the Property is sold and the Agent is the effective cause of sale; or
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(c)
|
within 120 days after the conclusion of the exclusive authority period, the Property is sold to a Buyer introduced by the Agent during the exclusive authority period and the Agent is the effective cause of the sale; or
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(d)
|
a binding sale contract is entered into pursuant to or in accordance with Clauses 8.1(a), 8.1(b) or 8.1(c) and not completed due to the default of the Vendor.
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|
|
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Clause 8.2
|
The Agent will be entitled to the Selling Fee if the Property is sold during the exclusive authority period irrespective of whether the Property is sold by the Agent, Vendor or another person.
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Clause 8.11
|
The Vendor acknowledges the Agent may, during the term of the Authority, to better facilitate the provisions of the Authority, utilise the services of another Agent in which case there may be commission sharing and upon the Vendor granting consent to commission sharing, which consent will not be unreasonably withheld, the Vendor will complete a new Authority making such provision, but otherwise on the same terms as this Authority (unless amendment is agreed to) including completion of Item (14) to enable such commission sharing for the balance term of this Authority.
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Clause 17.2
|
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:
(1)
|
potential buyers; and/or
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(2)
|
property data collection agencies; and/or
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(3)
|
Body Corporates & financial institutions; and/or
|
(4)
|
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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|
|
|
Clause 17.4
|
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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11 Sep 2012 v1.6
|
Clause 7
|
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 17.2(2)
|
property data collection agencies; and/or
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17 May 2012 v1.5
|
Item 11.1
|
At the end of the term of the Exclusive Selling Period (Item 9), 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(6)
|
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 8.3
|
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 Reserve Price set out in Item (5).
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Clause 8.7
|
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 8.13
|
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 14
|
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
|
Item 20
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BUILDING ENERGY EFFICIENCY DISCLOSURE Clause 1.1(11)
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)
|
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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|
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Clause 1.1(11)
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Recognised Rating: includes any of the following:
(a)
|
Building Energy Efficiency Certificate; or
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(b)
|
National Australian Built Environment Rating System (NABERS Energy Star Rating); or
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(c)
|
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 13.2
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Fee on Cancellation (Mortgagee Sales only): Fee Payable: ………..............….% of the Vendor’s Reserve Price (Item 5)
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|
Item 15
|
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 18
|
INTEREST PAYABLE BY VENDOR ON OVERDUE MONIES removed
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|
Clause 1.1(6)
|
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
|
Where authorised in writing to do so by the Vendor, the Agent may:
(1)
|
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)
|
sign the Contract where the terms have been agreed to by the Vendor.
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|
|
Clause 5.3
|
Where the Vendor has nominated a Vendor’s Reserve Price in Item (5) the Vendor must consider offers to buy at that price.
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Clause 8.4
|
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 8.6
|
The Agent is entitled to Fees for Services and reimbursement or payment of Expenses (including any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Vendor) as set out in Items (13.1), and (14) and (in the case of a Mortgagee Sale where the Fee on Cancellation applies) Item (13.2) respectively, and whilst this Authority is in force and provided there are no genuine disputes as to the Agent’s conduct of this Authority, is irrevocably authorised to deduct from monies received by the Agent on behalf of the Vendor, all such Fees, Commissions and Expenses.
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|
Clause 9
|
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 (18).
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|
Clause 12
|
Should the Vendor acting as mortgagee in possession cancel the Auction, the Vendor will:
(1)
|
reimburse the Agent for all Fees and Expenses incurred up to the date of cancellation of the Auction.
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(2)
|
if such cancellation is more than 14 days after the date of this Authority, pay to the Agent the sum determined in accordance with Item (13.2) of the Item Schedule.
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|
|
Clause 14
|
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 17
|
17.1
|
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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17.2
|
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:
|
|
(1)
|
potential buyers; and/or
|
|
(2)
|
data collection agencies; and/or
|
|
(3)
|
Owner’s Corporations & financial institutions; and/or
|
|
(4)
|
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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17.3
|
Without provision of certain information the Agent may not be able to act effectively or at all on the Vendor’s behalf.
|
17.4
|
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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17.5
|
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
|
Item 12
Note
|
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 21
|
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)
|
confirms it has a valid & current Recognised Rating 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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|
01 Nov 2010 v1.1
|
Item 21
|
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(11)
|
Recognised Rating: includes any of the following:
(a)
|
Building Energy Efficiency Certificate; or
|
(b)
|
National Australian Built Environment Rating System (NABERS Energy Star Rating); or
|
(c)
|
other recognised rating for the Property.
|
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.
|
|
Clause 13
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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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