Conjunction Agreement - AUQLDREPM021

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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 v1.5

Copyright statement updated.

 

01 Dec 2014 v1.4

Additions / Changes:

 

Item 6

LETTING AGENT’S NEGOTIATED COMMISSION (Specify the method used to calculate commission in the Appointment (Form 6) entered into with the client)

Commission: ………………………………………………………………………………………......................

 

Item 7.2

Letting Fee: ……………………………………………………………………………………….. (including GST)

 

Item 7.3

Commission negotiated by the Letting Agent and the Landlord:……………………………………..............

 

Item 7.2

Commission Entitlement Apportionment: (see Clause 4)

__ Letting Agent: ……………….…….……..%    Co-Agent: …………….………..…….%

OR

__ ……………………………………………………………………………………………………….…............

 

Clause 1(1)

Act: the Property Occupations Act 2014 Agents and Motor Dealers Act 2000 as amended

 

Clause 1(4)

Regulation: the Property Occupations Regulation 2014 Agents and Motor Dealers Regulation 2001 as amended.

 

Clause 3.2

By signing this Agreement both parties warrant that they are currently licensed Real Estate Agents in accordance with Section 97(1) 160 (1) of the Act.

 

Clause 4

The Letting Agent will pay the Co-Agent’s apportionment of the Letting Fee detailed in Item (6.4) upon a Tenancy Agreement being entered into.

The Letting Agent will, upon a Tenancy Agreement being entered into, pay the Co-Agents Commission Entitlement (Item (7.2)) from the Negotiated Commission (Item (6)).

 

Clause 5

This Agreement can only be terminated by:

(a)

instruction to do so from the Landlord; or

(a)

agreement between the Letting Agent, and Co-Agent and the Landlord; or

(b)

termination (including expiry) of the original a PAMD 20a Appointment of Real Estate Agent between the Letting Agent and the Landlord in accordance with the Property Occupations Act 2014.

 

12 Mar 2014 v1.3

Additions / Changes:

 

Clause 1(2)

Client: means Landlord or Prospective Tenant/Occupant or Tenant/Occupant.

 

Clause 1(3)

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

 

Clause 7

Privacy Statement

7.1

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

7.2

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.

7.3

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, insofar as such information is relevant to the managing and/or leasing of the Property; and/or

(2)

property data collection agencies; and /or

(3)

Body Corporates & financial institutions; and/or

(4)

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

7.4

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

7.5

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.

7.6

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

7.7

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.

 

09 Oct 2012 v1.2

Additions / Changes:

 

Item 6.4

Commission Apportionment: (Clause 4)

      __  Letting Agent: ……………….…….……..%    Co-Agent: …………….………..…….%

OR  __ …………………………………………………………………………………………….…………………

(The Letting Agent will pay the Co-Agent’s apportionment of Commission upon a Tenancy Agreement being entered into and upon receipt of such monies will supply the Letting Agent with a tax invoice for the full amount)

 

Clause 1

Definitions

In this Agreement the following terms mean:

(1)Act: the Property Agents and Motor Dealers Act 2000 as amended
(2)Regulation: the Property Agents and Motor Dealers Regulation 2001 as amended.

 

Clause 2

Communications

All communications (including offers to rent and otherwise) with the Landlord must be made through the Letting Agent.

 

Clause 3

Warranty

1.2

This Agreement can only be terminated by:

(a) instruction to do so from the Landlord; or
(b) agreement between the Letting Agent, Co-Agent and the Landlord; or
(c)termination (including expiry) of a PAMD 20a Appointment of Real Estate Agent between the Letting Agent and the Landlord.

3.1

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

3.2

By signing this Agreement both parties warrant that they are currently licensed Real Estate Agents in accordance with Section 160 (1) of the Act. Property Agents and Motor Dealers Act 2000 Section 160 (1).

 

Clause 4

Remuneration

The Letting Agent will pay the Co-Agent’s apportionment of the Letting Fee detailed in Item (6.4) upon a Tenancy Agreement being entered into.

 

Clause 5

Termination

This Agreement can only be terminated by:

(a) instruction to do so from the Landlord; or
(b) agreement between the Letting Agent, Co-Agent and the Landlord; or
(c)termination (including expiry) of a PAMD 20a Appointment of Real Estate Agent between the Letting Agent and the Landlord.

 

Clause 6

Provision of Documents

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

 

Clause 7

Privacy Statement

7.1

The Co-Agent may use personal information provided by the Landlord to provide the services to the Landlord or on the Landlord’s behalf and may, subject to the Privacy Act 1988 (CTH) (where applicable), use and disclose such personal information to:

(1)potential tenants; and/or
(2)property 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, rental promotion and administration relating to the use of the Agent’s products and services and  complying with legislative and regulatory requirements.

7.2

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

7.3

The Landlord has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

 

22 Mar 2012 v1.1

Additions / Changes:


Clause 1.4

By signing this Agreement both parties warrant that they are currently licensed Real Estate Agents in accordance with Section 160 (1) of the Property Agents and Motor Dealers Act 2000 Section 160 (1).


Clause 1.5

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