Exclusive or Open Management Agency Agreement (Short-term Rental) - AUNSWREPM066

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

 

01 Sep 2021 v2.1

Additions / Changes:

 

Item P

Material Facts

(8)

in relation to the property, 1 or more of the following orders, within the meaning of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, is in force:

(i)

a building work rectification order:                                                           __ Yes  __ No

(ii)

a prohibition order:                                                                                 __ Yes  __ No

(iii)

a stop work order:                                                                                  __ Yes  __ No

 

18 Dec 2020 v2.0

Additions / Changes:

 

Item T

SIGNATURES / ACKNOWLEDGEMENT

By signing below the parties Owner/Landlord acknowledges and confirms having:

read and understood this Agreement; and

been provided with access to the mandatory Code of Conduct for the Short-term Rental Accommodation Industry.

 

Signature of Owner(s)     Date:                                                            Date:

 

………………………………  …… / …… / ……  ………………………………  …… / …… / ……

 

………………………………  …… / …… / ……  ………………………………  …… / …… / ……

Note: Where signed by Owner’s authorised representative or the Owner is a corporation evidence of authority to sign must be provided.

 

Signature of Agent           Date:

………………………………   …… / …… / ……

 

22 Jul 2020 v1.9

Additions / Changes:

 

Title

MANAGEMENT AND/OR LETTING AGENCY AGREEMENT

(Short-term Holiday Rental Letting)

 

Item E

The Owner authorises the Agent to undertake the following services: [Tick authorised option/s – if an option is not ticked it is not authorised]


(1)

__

obtain prospective occupant references prior to letting


(2)

__

choose Occupants


(3)

__

arrange inspections of the Property with prospective Occupants – see Clause 4.15


(4)

__

collect a booking deposit – see Clause 5.9


(5)

__

collect a security deposit at the Agent’s discretion


(6)

__

booking cancellations in accordance with Item O


(7)

__

collect rents and other monies – see Clause 4.7


(8)

__

short-term rental holiday letting advertising – see Clause 11.1 (1)



 

a.

To be advertised in the following way:

 



 

b.

Signage advertising the short-term rental Holiday Letting of the Property is permitted to be used during the term of this Agreement: __ Yes __ No


(9)

 

provide documentation – see Clause 4.10(3)


(10)

__

maintenance and repairs – see Clause 4.4


(11)

__

recovery of possession – see Clause 4.17


(12)

__

effect repairs and maintenance to the Property to a Maximum Pre-approved Maintenance Expenditure not greater than $ ………………………. (see Clause 4.4)


(13)

__

maintain a contents inventory report for the Property

If ‘yes’, inventory report to be carried out: ………………………………………………


(14)

__

from time to time engage tradespersons as may be necessary - see clause 4.4(1)


(15)

__

in respect to smoke alarms installed on the Property, carry out, or appoint a contractor to carry out the Owner’s installation and maintenance obligations under the Environmental Planning and Assessment Regulation 2000 as amended. (see Clause 4.18)

 

Item G

The Owner shall reimburse the Agent for the following authorised Expenses incurred during the Management of the Property:

Description of Expense

Amount (GST Inclusive)

Due and Payable

Rental Letting Advertising


 

 


 



 



 



 



 

 

Clause 1.1(12)

Holiday Letting Agreement: means a Short-term Rental Accommodation Arrangement as defined in the Fair Trading Act 1987 for the purpose of giving a person the right to occupy residential premises for a period of not more than three months.

 

Clause 1.1(16)

Management Fee: monies due to the Agent as provided in Item F for carrying out services listed in Item E more particularly set out in Clause 4 calculated as a percentage of all monies collected, received or recovered on behalf of the Owner exclusive of refundable bonds or deposits.  

 

Clause 1.1(18)

Occupant: means a person who has entered into a Short-term Rental Holiday Letting Agreement.

 

Clause 1.1(22)

Short-term Rental Agreement: means a Short-term Rental Accommodation Arrangement as defined in the Fair Trading Act 1987 for the purpose of giving a person the right to occupy residential premises for a period of not more than three months.

 

Clause 4.11(1)

The Agent is authorised to let and re-let (as necessary) for holiday purposes the Property for short-term accommodation at a rent authorised by the Owner in writing.

 

Clause 4.12(2)

The Agent will, if required by the Owner, introduce to the Owner suitable prospective occupants based on agreed criteria so as to enable the Owner to make an informed decision as to the acceptability of the prospective occupants. Provided however, the Owner confirms it does not rely on the Agent to establish beyond the extent of the criteria, the suitability of the Occupant.

 

Clause 4.13

The Agent will, subject to the Owner's written instructions, negotiate on behalf of the Owner any Short-term Rental Holiday Letting Agreement.

 

Clause 4.14

Rentals Lettings are for short-term accommodation holiday purposes only and are, subject to local council zoning requirements, not to exceed for any one rental letting, more than three consecutive months, unless the Owner otherwise instructs.

 

Clause 4.15

The Owner authorises the Agent to allow a prospective occupant access to the Property for inspection purposes, provided:

(3)

keys are not to be released without payment of a security deposit bond; and

 

Clause 5.6

In addition to complying with the terms of this Agreement, the Owner must meet requirements of all relevant acts, legislation, by-laws, rules and regulations, local, state and federal and, in the case of holiday or short-term rentals letting, must ensure the relevant zoning by-laws permit such rentals letting.

 

Clause 5.9

On payment by the Occupant of a booking deposit to the Agent, the Owner will be bound by and agrees to the rental letting created by the booking.

 

Clause 11.1

The Agent having complied with its obligations under this Agreement and not having been negligent, the Owner indemnifies the Agent, its officers and employees from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:

(1)

authorised rental letting advertising or signage; or

(4)

the Occupant’s failure to comply with his/her obligations according to the Short-term Rental Holiday Letting Agreement, at no fault of the Agent; or

(5)

the Occupant’s failure to comply with his/her obligations under relevant acts and legislation with respect to short-term a holiday rental letting; or

 

Clause 19

Upon signing this Agreement 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 Agreement and any subsequent short-term rental Holiday Letting agreement.

 

10 Apr 2020 v1.8

Additions / Changes:

 

MANAGEMENT INSPECTION REPORT Item 3

Smoke Alarms are/are not installed in accordance with Part 9, Divisions 7A and 7D of the Environmental Planning and Assessment Regulation 2000.

(a) smoke alarms last tested and cleaned: ……/……/……  (b) Date batteries last changed: ……/……/……

{Owners of all houses and units dwellings in NSW must install and maintain smoke alarms in compliance with the Environmental Planning and Assessment Regulation 2000 as amended}

An Electrical Safety Power Switch is / is not installed for general purpose socket outlets.

 

Clause 1.1(12)

Holiday Letting Agreement: means a Short-term Rental Accommodation Arrangement as defined in the Fair Trading Act 1987 for the purpose of giving a person the right to occupy residential premises for a period of not more than three months.

 

Clause 1.1(19)

Occupant: means a person who has entered into a Holiday Letting Agreement any guest or tenant staying at the Property for a specified period of time.

 

Clause 4.13

The Agent will, subject to the Owner's written instructions, negotiate on behalf of the Owner any Hholiday Lletting Aagreement.

 

Clause 5.6

In addition to complying with the terms of this Agreement, the Owner must meet requirements of all relevant acts, legislation, by-laws, rules and regulations, local, state and federal and, in the case of holiday or short-term letting, must ensure the relevant zoning by-laws permit such letting.

 

Clause 19

Upon signing this Agreement 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 Agreement and any subsequent holiday letting occupancy agreement.

 

23 Mar 2020 v1.7

Additions / Changes:

 

Title

MANAGEMENT INSPECTION REPORT

Schedule 2, Part 2 of the Property, Stock and Business Agents Regulation 2014 applies to this Management Inspection Report

 

Item 4

The Agent must, as soon as practicable after entering into an agency agreement in respect of the management of property, prepare and give to the Owner the Management Inspection Report for the Property in accordance with Schedule 2, Part 2, Clause 10 of the Property, and Stock and Business Agents Regulation 2014.

 

Signature of Agent: …………………………….…………………………… Report Date: …… / …… / ……

 

Title

MANAGEMENT AND/OR LETTING AGENCY AGREEMENT

(Holiday Letting)

The Property, Stock and Business Agents Act 2002 and Regulations

 

Item H

The Agent shall not be entitled to retain Rebates, Discounts and/or Commissions Fees except as disclosed below:

Source and details of Rebates, Discounts and Commissions Fees

Estimated Amount


 


 


 

 

Item P

LANDLORD’S DISCLOSURE   (Note: Landlord must complete this Item)  - section 52(1)(b) of the Act

Material Facts

For the purposes of section 52(1)(b) of the Act, the following kinds of material facts are prescribed—

(1)

within the last 5 years the property has been subject to flooding from a natural weather event or bush fire:                                                                                                     __ Yes  __ No

(2)

the property is subject to significant health or safety risks:                        __ Yes  __ No

(3)

the property is listed on the register of residential premises that contain loose-fill asbestos insulation that is required to be maintained under Division 1A of Part 8 of the Home Building Act 1989:

__ Yes  __ No

(4)

within the last 5 years the property was the scene of a crime of murder or manslaughter:

__ Yes  __ No

(5)

within the last 2 years the property has been used for the purposes of the manufacture, cultivation or supply of any prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985:                                                                              __ Yes  __ No

(6)

the property is, or is part of, a building that contains external combustible cladding—


(i)

to which there is a notice of intention to issue a fire safety order or a fire safety order has been issued requiring rectification of the building regarding the external combustible cladding:

__ Yes  __ No


(ii)

to which there is a notice of intention to issue a building product rectification order or a building product rectification order has been issued requiring rectification of the building regarding external combustible cladding:                                                           __ Yes  __ No

(7)

 

the property is, or is part of, a building where a development application or complying development certificate application has been lodged under the Environmental Planning and Assessment Act 1979 for rectification of the building regarding external combustible cladding:

__ Yes  __ No

Please provide additional information where you have answered ‘yes’ to any of the above statements:

 

 

Clause 1.1(1)

Act: the Property, and Stock and Business Agents Act 2002 and Regulations thereto as amended from time to time.

 

Clause 1.1(17)

Material Fact: where used in this Agreement includes, but is not limited to, material facts as set out in Item P facts required to be disclosed under the Property, Stock and Business Agents Act 2002, the Residential Tenancies Act 2010 and material facts prescribed in section 7 of the Residential Tenancies Regulation 2010.

 

Clause 4.1

The Agent must and is authorised and directed, by the Owner, to disclose all relevant and Material Facts in relation to the Property.

 

Clause 4.2

The Agent must, in compliance with Section 52 of the Act, not make any promise that is false, misleading or deceptive or conceal any material facts induce any other person to enter into a contract or arrangement by any statement, representation or promise that the Agent knows to be false, misleading or deceptive or by any failure to disclose a material fact of a kind prescribed by the regulation.

 

Clause 16

The Agent is shall not be entitled to retain any Rebates, Discounts and/or Commissions, except as disclosed in Item H, in connection with expenses incurred services performed by the Agent in the capacity of the Agent for or on behalf of the Owner as disclosed in Item H.

 

05 Sep 2019 v1.4

Additions / Changes:

 

Clause 1.1(8)

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.

 

Clause 1.1(19)

Personal Information: means personal information as defined in the Privacy Act 1988 (CTH).

 

Clause 18

Privacy Statement

18.1

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

18.2

The Privacy Policy outlines how the Agent collects and uses pPersonal iInformation provided by you as the Owner, or obtained by other means, to provide the services required by you or on your behalf.

18.3

You as the Owner agree the Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:


(1)

Ooccupants and potential occupants, insofar as such information is relevant to the managing and/or letting of the Property; and/or


(2)

property data collection agencies; and/or


(2)

Owner’s Corporations and financial institutions; and/or


(3)

tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; and/or


(4)

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.

18.4

Without provision of certain information the Agent may not be able to act effectively or at all on the Owner’s behalf.  

18.5

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

18.6

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

 

Clause 19

Data Collection

Upon signing this Agreement 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 Agreement and any subsequent occupancy agreement.

 

17 Dec 2018 v1.3

Additions / Changes:

 

Item D

AGENT’S APPOINTMENT

1.

Letting under this Agreement


a.

The Owner appoints the Agent to let the Property: __ Yes __ No

Note: Where Yes is not ticked Items D.1(b), D.1(c) and D.1(d) do not apply.


b.

Exclusive Appointment:

Term of Exclusive Letting Appointment: ………………. days from the date of signing this Agreement.

Note: If this sub Item D.1(b) is not completed this will be a Non-Exclusive Letting Appointment.


c.

Non-Exclusive Appointment:

A Non-Exclusive Appointment will commence:



(i)

From the end of the term of Exclusive Letting Appointment



(ii)

Where Item D.1(b) is not completed, from the date of signing this Agreement


d.

A Non-Exclusive Appointment may be terminated by either party giving not less than ………………. days written notice.

2.

Management


a.

The Owner appoints the Agent as Exclusive Managing Agent for the Property:  __ Yes __ No

Note: Where Yes is not ticked Items D.2(b) and D.2(c) do not apply.


b.

Fixed Term of Appointment:

Fixed term of Appointment: ………………. days from the date of signing this Agreement.


c.

Continuing Appointment:

Where no Fixed Term of Appointment is specified in Item D.2(b) or the Fixed Term of Appointment has expired this appointment will continue until terminated by either party giving not less than ……. days written notice.

 

Item D

AGREEMENT

This Agreement is an Exclusive/Non-Exclusive Management and Letting Agency Agreement, effective from ……/……/…… and can be terminated thereafter by either party on the giving of not less than …………… days’ notice in writing.

Note: Where the agreement type is not indicated above this Agreement will be an Exclusive Management and/or Letting Agency Agreement.

 

Clause 3.5

Where the Agent is appointed as Exclusive Letting Agent (Item D) the Owner will refer any prospective occupants, of which the Owner becomes aware, to the Agent.

 

Clause 9.1(1)(a)

where this Agreement is an Exclusive Letting Agreement (Item D), whether the booking was made by the Agent, the Owner, or any other party; or

 

Clause 9.1(1)(b)

where this Agreement is a Non-Exclusive Letting Agreement (Item D), if the booking was made by the Agent;

 

15 Oct 2018 v1.2

Additions / Changes:

 

All instances of 'fax' removed.

 

Item D

AGENT’S APPOINTMENT

1.

Letting under this Agreement


a.

The Owner appoints the Agent to let the Property: __ Yes __ No

Note: Where Yes is not ticked Items D.1(b), D.1(c) and D.1(d) do not apply.


b.

Exclusive Appointment:

Term of Exclusive Letting Appointment: ………………. days from the date of signing this Agreement.

Note: If this sub Item D.1(b) is not completed this will be a Non-Exclusive Letting Appointment.


c.

Non-Exclusive Appointment:

A Non-Exclusive Appointment will commence:



(i)

From the end of the term of Exclusive Letting Appointment



(ii)

Where Item D.1(b) is not completed, from the date of signing this Agreement


d.

A Non-Exclusive Appointment may be terminated by either party giving not less than ………………. days written notice.

2.

Management


a.

The Owner appoints the Agent as Exclusive Managing Agent for the Property:  __ Yes __ No

Note: Where Yes is not ticked Items D.2(b) and D.2(c) do not apply.


b.

Fixed Term of Appointment:

Fixed term of Appointment: ………………. days from the date of signing this Agreement.


c.

Continuing Appointment:

Where no Fixed Term of Appointment is specified in Item D.2(b) or the Fixed Term of Appointment has expired this appointment will continue until terminated by either party giving not less than ……. days written notice.

 

Item D

AGREEMENT

This Agreement is an Exclusive/Non-Exclusive Management and Letting Agency Agreement, effective from ……/……/…… and can be terminated thereafter by either party on the giving of not less than …………… days’ notice in writing.

Note: Where the agreement type is not indicated above this Agreement will be an Exclusive Management and/or Letting Agency Agreement.

 

Item K

Rent is to be disbursed and statements issued:

__ as per attached Rent and Statements Schedule (Multiple recipients)        OR

__ as indicated below:

__ as indicated below   OR   __ as per attached Rent and Statements Schedule

Rent Payment Period: ……………………………………………………………….……………………………

        Pay by (tick only one):

        __ EFT        Bank: ............................ Branch: ................................ BSB: .............................

                           Account Name: ................................................. Account No.: ............................

        __ Cheque   Payable To: ........................................................................................................

                           Address: ...........................................................................................................

 

Statements Issue Period: .............................................................................................................

                   __ Owner     Issue By:   __ Post   __ Email

                   __ Other      Name: ...................................................................................................

                                      Address/Email: ......................................................................................

 

Clause 3.1

The Owner appoints the Agent (and its permitted assigns) in accordance with Item D for the duration of this Agreement.

 

Clause 3.1

In consideration of and in accordance with the terms of this Agreement, the Owner appoints the Agent (and its permitted Assigns), for the duration of this Agreement to manage and/or let the Property for the Owner in accordance with Item E, and the Agent agrees. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

 

Clause 3.2

Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

 

Clause 3.3

In carrying out the duties and services specified in this Agreement the Agent is authorised to utilise the services of any suitable person or company, provided however where required under the Act such duties or services must be carried out by a licensed person.

 

Clause 3.3

When delegating authority to authorised employees the Agent (licensee) in charge of the business, must properly supervise such person/s in accordance with the guidelines issued by the Commissioner for Fair Trading.

 

Clause 3.4

The Agent (licensee) in charge of the business must properly supervise, in accordance with the guidelines issued by the Commissioner for Fair Trading, all persons (employee or otherwise) engaged in the business carried on by the Agent.

 

Clause 3.5

Where the Agent is appointed as Exclusive Letting Agent (Item D.1) the Owner will refer any prospective occupants, of which the Owner becomes aware, to the Agent.

 

Clause 9.1(1)

a Letting Fee, subject to Clause 13.3(1), should a booking from an Occupant be taken during the term of this Agreement when a non-refundable deposit is paid sufficient to cover the amount of the fee or otherwise when balance of rental monies are paid and non-refundable; and

(a)

where this Agreement is an Exclusive Letting Agreement (Item D.1), whether the booking was made by the Agent, the Owner, or any other party; or

(b)

where this Agreement is a Non-Exclusive Letting Agreement (Item D.1), if the booking was made by the Agent;

 

Clause 9.4

The services and amounts listed in this Agreement cannot be varied without agreement in writing signed by the parties.

 

Clause 15.2

This Agreement cannot be varied without agreement in writing signed by the parties.

 

Clause 19.1

The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically and where this Agreement document has been forwarded electronically (either for signing or otherwise) the party receiving the Agreement document confirms having consented to the delivery of the Agreement document (and any other materials) by way of the electronic means of delivery before receiving the documentation.

 

Clause 19.8

The parties agree and consent to execution, by any party, delivery and service of documents electronically using by a method provided by DocuSign or such other agreed an electronic signing signature service provider.

 

19 Feb 2018 v1.1

Additions / Changes:

 

Item E

The Owner authorises the Agent to undertake the following services: [Tick authorised option/s – if an option is not ticked it is not authorised]


(1)

__

obtain prospective occupant references prior to letting


(2)

__

choose Occupants


(3)

__

arrange inspections of the Property with prospective Occupants – see Clause 4.15


(4)

__

collect a booking deposit – see Clause 5.9


(5)

__

collect a security deposit at the Agent’s discretion


(6)

__

booking cancellations in accordance with Item O


(7)

__

collect rents and other monies – see Clause 4.7


(8)

__

holiday letting advertising – see Clause 11.1 (1)



 

1.

To be advertised in the following way:

 



 

2.

Signage advertising the Holiday Letting of the Property is permitted to be used during the term of this Agreement: ¨ Yes ¨ No


(9)

 

provide documentation – see Clause 4.10(3)


(10)

__

maintenance and repairs – see Clause 4.4


(11)

__

recovery of possession – see Clause 4.17


(12)

__

effect repairs and maintenance to the Property to a Maximum Pre-approved Maintenance Expenditure not greater than $ ………………………. (see Clause 4.4)


(13)

__

maintain a contents inventory report for the Property

If ‘yes’, inventory report to be carried out: ………………………………………………


(14)

__

from time to time engage tradespersons as may be necessary - see clause 4.4(1)


(15)

__

in respect to smoke alarms installed on the Property, carry out, or appoint a contractor to carry out the Owner’s installation and maintenance obligations under the Environmental Planning and Assessment Regulation 2000 as amended. (see Clause 4.18)

 

Item K

RENT AND STATEMENTS

Where there is more than one recipient in respect of rent payments or provision of statements additional fees may be incurred.

Rent is to be disbursed and statements issued:

__

as per attached Rent and Statements Schedule (Multiple recipients)        OR

__

as indicated below:

Rent

Payment Period: ……………………………………………………………….………………

Pay by (tick only one):


__

EFT

Bank: …………………… Branch: …………………………   BSB: ……...

Account Name: ………………………… Account No.: ……………………


__

Cheque

Payable To: …….….……………………………………………………...……

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

Statements

Issue Period: ..……………..……………………………………………………………………


__

Owner

Issue By:  __ Post  __ Email


__

Other

Name: ………………………….….……………………………………………

Address/Email: ……………………………………….………………………

 

Item K

RENT AND STATEMENTS

Where there is more than one recipient in respect of rent payments or provision of statements additional fees may be incurred.

Rent

Payment Period: ………………………………………………………………………………

1)

Payable to: ………………………………………………… Percentage of rent: …………

Bank: ……………………….….… Branch: ……………………… BSB: ………………..

Account Name: ……………………………………..… Account No.: …………………….

2)

Payable to: ………………………………………………… Percentage of rent: …………

Bank: ……………………….….… Branch: ……………………… BSB: ………………..

Account Name: ……………………………………..… Account No.: …………………….

3)

Payable to: ………………………………………………… Percentage of rent: …………

Bank: ……………………….….… Branch: ……………………… BSB: ………………..

Account Name: ……………………………………..… Account No.: …………………….

Statements

Issue Period: ……………………………………………………………………………………


Send to:

__ Owner   Method to send by:  __ Post  __ Email  __ Fax



__ Name: …………………………………………………………………………

<Address/Email/Fax>:  …………………………………………………………

__ Name: …………………………………………………………………………

<Address/Email/Fax>:  …………………………………………………………

 

Item S

Signature of Owner(s) or Owner’s     Date:     Signature of Agent                       Date:

authorised representative

…………………………………………       …/…/…  …………………………………………  …/…/…

By signing below the parties acknowledge and confirm having read and understood this Agreement.

Signature of Owner(s)     Date:                                                            Date:

 

………………………………  …… / …… / ……  ………………………………  …… / …… / ……

 

………………………………  …… / …… / ……  ………………………………  …… / …… / ……

 

Note: Where signed by Owner’s authorised representative or the Owner is a corporation evidence of authority to sign must be provided.

 

Signature of Agent           Date:

………………………………   …… / …… / ……

 

Clause 1.1(8)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2000 (NSW) including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

 

Clause 1.1(19)

Related Document: means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents.

 

Clause 2

By signing this Agreement the Owner(s) or the Owner’s authorised representative warrants and confirms:

(1)

it is the owner or the Owner’s authorised representative of the Property.

(2)

it has read this Agreement.

(2)

it has authority to enter into this Agreement.

(3)

it has disclosed to the Agent in writing all Material Facts and has not made any statement known to be false, misleading or deceptive.


 

Clause 18

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 this Agreement.

 

Clause 19

Related Documents / Notices / Electronic Communication

19.1

The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically 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.

19.2

A Related Document to be served on any party under this Agreement shall be in writing and may be served on that party:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in this Agreement; or


(3)

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 Agreement; or


(4)

by email to the party at the appropriate email  address as stated in this Agreement; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 19.2(1) to (4) above.

19.3

A 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 document would be delivered.

19.4

A document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions Act 2000 (NSW).

19.5

Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

19.6

Documents must be served before 5pm on a business day, failing which, such document will be deemed to have been served on the next business day.

19.7

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.

19.8

The parties agree to execution, delivery and service of documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.