Conjunction Agreement - AUNSWREPS015

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

 

11 Jun 2015 v1.8

Copyright statement updated.

 

12 Mar 2014 v1.7

Additions / Changes:

 

Clause 1(1)

Client: means Vendor or Prospective Purchaser or Purchaser.

 

Clause 1(2)

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

 

Clause 8

Privacy Statement

8.1

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

8.2

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.

8.3

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)

Owners Corporations & 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.

8.4

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

8.5

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may in accordance with the Client’s instructions require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

8.6

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

8.7

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.

 

11 Sep 2012 v1.6

Additions / Changes:


Item 1

Company Name: ................................................................................................................................

Trading As: …………………………………………………………………………………..………………………….

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

             ...............................................................………………….…….…. ABN:….............................

Phone: .......................................... Fax: .................................................. Mobile: .........….................

Email: ....................................…………………………………………………………………………………..….

Licence Number/s*: …………………………………………………………..….      GST Registered: Yes/No


Item 2

Company Name: ................................................................................................................................

Trading As: …………………………………………………………………………………..………………………….

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

             ...............................................................………………….…….…. ABN:….............................

Phone: .......................................... Fax: .................................................. Mobile: .........….................

Email: ....................................…………………………………………………………………………………..….

Licence Number/s*: …………………………………………………………..….      GST Registered: Yes/No


Item 4

Name/s: ............................................................................................................................................

Phone: .......................................... Fax: .................................................. Mobile: .........….................

Email: ....................................…………………………………………………………………………………..….


Item 5

TENANT (if any)

Name/s: ............................................................................................................................................


Item 5

AGREEMENT TERMS

*(Specify the Selling Fee as a $ value or % of the GST-exclusive selling price of the Property.)

5.1

Conjunction Period: Starting: ……./……/………  Ending: ……………….…………………….………....

5.2

Selling Fee: ………..…………………………………………………………………………….. (Incl. GST)*

5.3

Conjunction Arrangement:

 

 

5.4

Inspection Conditions: (if applicable)


5.5

Additional Conditions (if applicable):




Clause 1(2)

Selling Fee: The commission amount negotiated by the Listing Agent and the Seller.


Clause 1(2)

Commencement Date: the date the last signature is obtained on this agreement.


Clause 3

Warranty

The Listing Agent warrants that they have full authority under their Agency Agreement to enter into this Conjunction Agreement.


Clause 4

Remuneration

The Co-Agent will, at or before Settlement, provide an invoice to the Listing Agent and the Listing Agent will pay to the Co-Agent the agreed amount detailed in Item (5.3) forthwith upon the Listing Agent receiving payment of the Selling Fee.

4.1

The Selling Fee shall be payable to the Co-Agent from the Listing Agent upon Settlement of the Contract of Sale.

4.2

Upon receipt of the Selling Fee the Co-Agent must provide the Listing Agent with a Tax Invoice for the full amount.



Clause 5.3

The Listing Agent warrants that they have full authority under their Agency Agreement to enter into this Conjunction Agreement.


Clause 7

Provision of Documents

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 Agreement.


Clause 8.1(2)

property data collection agencies; and/or

 

03 Feb 2012 v1.5

Additions / Changes:


Item 1

LISTING AGENT   *(Where the Agent trades as a corporation, include the corporation’s licence number)

Company Name: ................................................................................................................................

Trading As: …………………………………………………………………………………..………………………….

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

             ...............................................................………………….…….…. ABN:….............................

Phone: .......................................... Fax: .................................................. Mobile: .........….................

Email: ....................................…………………………………………………………………………………..….

Licence Number/s*: …………………………………………………………..….      GST Registered: Yes/No


Item 2

CO – AGENT *(Where the Agent trades as a corporation, include the corporation’s licence number)

Company Name: ................................................................................................................................

Trading As: …………………………………………………………………………………..………………………….

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

             ...............................................................………………….…….…. ABN:….............................

Phone: .......................................... Fax: .................................................. Mobile: .........….................

Email: ....................................…………………………………………………………………………………..….

Licence Number/s*: …………………………………………………………..….      GST Registered: Yes/No


Item 6

Inspection Conditions:

 

 

Selling Fee: …………………………………………………………………………………….………… (Incl. GST)

Conjunction Arrangement:

 

 

The Listing Agent will pay the Co-Agent’s apportionment of Commission upon Settlement of the Contract of Sale and upon receipt of such monies will supply the Listing Agent with a tax invoice for the full amount.


Item 7

SIGNATURE (Co-Agent to sign and return to Listing Agent)

Note: the Licensee for each Agency should sign this form

 

Signature of Listing Agent                                                Signature of Co-Agent

 

_________________________                                          _________________________

Date: ___/___/______                                                      Date: ___/___/______    

 

S33(1) of the Property Stock and Business Agents Act 2002 states a licensee must not enter into an arrangement with or act in conjunction with a person that the licensee knows to be an unlicensed person (other than an employee in the licensee’s business as a licensee) whereby the unlicensed person is entitled to a share of the commission, fee, gain or reward payable to the licensee in respect of any transaction by or with him or her as a licensee or generally.

S34 (1) An agreement between licensees to share any commission, fee, gain or reward paid or payable to a licensee in respect of any services performed by him or her as a licensee is unenforceable unless the agreement is in writing, is signed by the licensees and contains such terms (if any) as may be prescribed by the regulations.


Clause 7

With respect to this Conjunction Agreement, the following Sections of the Property Stock and Business Agents Act 2002 apply to this Agreement:

(1)

Section 33(1) - a licensee must not enter into an arrangement with or act in conjunction with a person that the licensee knows to be an unlicensed person (other than an employee in the licensee’s business as a licensee) whereby the unlicensed person is entitled to a share of the commission, fee, gain or reward payable to the licensee in respect of any transaction by or with him or her as a licensee or generally.

(2)

Section 34(1) - An agreement between licensees to share any commission, fee, gain or reward paid or payable to a licensee in respect of any services performed by him or her as a licensee is unenforceable unless the agreement is in writing, is signed by the licensees and contains such terms (if any) as may be prescribed by the regulations.


 

02 Aug 2011 v1.4

Additions / Changes:


Clause 5.1(4)

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

 

18 Mar 2011 v1.3

Additions / Changes:


Item 3

Selling Price: ........................................................... (including GST where applicable)


Item 5

Name/s: ...............................................................................................................................

Phone: ...................................Fax: ...................................Mobile: .......................…..............

Email: .......................................……...………………………………………………………....………


Item 6

The Listing Agent will pay the Co-Agent’s apportionment of Commission upon Settlement of the Contract of Sale and upon receipt of such monies will supply the Listing Agent with a tax invoice for the full amount.


Clause 3.3

The Listing Agent warrants that they have full authority under their Agency Agreement to enter into this Conjunction Agreement.


Clause 5

5.1

The Co-Agent may collects and uses personal information provided by the Vendor to provide the services to the Vendor or on the Vendor’s behalf and 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 Co-Agent for the purposes of marketing, sales promotion, administration and  complying with legislative and regulatory requirements.

5.2

Without provision of certain information the Co-Agent may not be able to act effectively or at all on the Vendor's behalf.

5.3

The Vendor has the right to access request the Co-Agent provide details of such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information. provided and also do all things reasonably necessary to amend or remove any inaccurate or out of date information.


Clause 6

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 Agreement.

By signing this Agreement all parties acknowledge agree to having given prior approval in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related documents agreements for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).

 

08 Mar 2006 v1.2

Additions / Changes:


Item 7

S34(1) An agreement between licensees to share any commission, fee, gain or reward paid or payable to a licensee in respect of any services performed by him or her as a licensee is unenforceable unless the agreement is in writing, is signed by the licensees and contains such terms (if any) as may be prescribed by the regulations.

 

06 Jan 2006 v1.1

Additions / Changes:


Clause 5

The Agent collects and uses personal information obtained from you as Principal to provide the services required by you or on your behalf. You as Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable) marketing, sales promotion and administration and as required for legislative and regulatory requirements relating to promotion administration and use of the Agents products and services. Without provision of certain information the Agent may not be able to act effectively or at all on the Principal's behalf. The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.


Clause 6

By signing this Agreement all parties agree to having given prior approval, in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related agreements, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).