Open Leasing Appointment of Agent - AUWAREPM030

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

 

28 Feb 2019 v2.3

Additions / Changes:

 

Form Heading

Open Leasing Appointment of Agent

(Residential)

(This Appointment should be signed, & a copy retained by the Landlord prior to signing a Residential Tenancy Agreement)

(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’.)

 

Item 1.1

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

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

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

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

Additional Parties Annexure attached:  __ Yes  __ No

 

Item 1.2

Alternative Contact: (Note: Power of Attorney ceases on the grantor’s death Provide copy of Power of Attorney if appropriate)

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

Address: ………………………………………………………………………………………………………………

Basis of lawful authority (eg. Power of Attorney; Probate): …………………………………………………….

Phone: (…) ………………… Email: ………………………………………………….....................................

 

Item 1.3

Was the Property, during the whole of the 3 months immediately preceding the entering into of a tenancy agreement, the Landlord’s principal private residence: __ Yes __ No

 

Item 2

AGENT         (Where the Agent is a corporate licensee include the corporation licence number)

Licensee: …………………………………………………………………………………………………………….

Name/s: ………………………………………………………………………………………………………………

Business Address: …………………………………………………………………………………………………

Service of Documents Address: …………………………………………………………………..………………

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

Contact: …………………………………………………………… Licence Triennial No.: ...…….……………..

Email:        ………………… Licensed: Real Estate & Business Agent/Real Estate Agent/Business Agent

 

Item 3

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

Lot: ………… on Deposited Plan/Survey Plan/Strata Plan/Survey-Strata Plan/Diagram ……………

Certificate of Title Reference: ……………… Volume: …………………………… Folio: ……………………..

Local Government: ……………………………………………………………….. __ Furnished __ Unfurnished

 

Item 4

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

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

Service of notices/invoices to: …………………………………………………………………………………….

Secretary/Manager: ………………………………………………………………... Phone: (…).……………….

Registered amendments to Standard , deletions or additions to Section 42(2) By-Laws: __ Yes __ No  If ‘Yes’ attach By-Laws

 

Item 5

5.1

Thise Appointment is an open (non-exclusive) Appointment commencing on …..…………… and concludes on ……………………… and can be terminated in writing by either party on the giving of not less than ………………. days notice. (If no period is inserted, 28 days applies)

5.2

Such termination will be without prejudice to either party’s existing rights, duties or obligations.

 

Item 6

AGENT’S AUTHORITY PERFORMANCE OF SERVICE   [Tick authorised option/s]

The Landlord authorises the Agent to undertake the following letting duties: [Tick authorised options – if an option is not ticked it is not authorised]

(1)

__

Make inquiries regarding prospective tenants and obtain and verify references

(2)

__

Arrange inspections of the Property with prospective tenants under the following circumstances:



(a)

where the Property is not tenanted, in accordance with the Landlord’s instructions



(b)

where the Property is tenanted, in accordance with the Landlord’s instructions and subject to the provisions of the tenancy agreement and the Tenancy Act.

(3)

__

Locate and select Tenant/s (including in the case of assignment or subletting)

(4)

__

Negotiate, prepare and sign applications for tenancy with the Tenant

(5)

__

Present applications for tenancy to the Landlord

(6)

__

Negotiate, prepare and sign tenancy agreements and any required ancillary documents (See Clause 4.7)

(7)

__

Advertise the Property for letting or re-letting in accordance with Item 10.1

(8)

__

Issue receipts and/or tax invoices for monies received from the Tenants pursuant to applications for tenancy

(9)

__

Deposit monies received with respect to the Tenancy to the Agent’s trust account on behalf of the Landlord

(10)

__

Letting duties as more particularly set out in the Terms of Appointment

(11)

__

Forward to the Landlord copies of any documentation signed by the Agent on behalf of the Landlord

(12)

__

..............................................................................................................................

(13)

__

..............................................................................................................................

(14)

__

..............................................................................................................................

(15)

__

..............................................................................................................................

 

Item 9

The Fee Payable will be calculated using one of the Fee Methods set out in Item 9.2(b):

Note: Where the Fee Method (Item 9.2(b)) is expressed as a percentage the Fee Amount (Item 9.2(c)) is an estimated amount calculated on the Rent Amount (Item 9.1) and the actual fee for the service will be worked out only on the actual rental for the property.

9.1

Rent Amount: $ …………………………….. Per Week/Fortnight/Month/Year

9.2

Letting Fee:  

a. Payable:        On Invoice

b. Fee Method:   __ ………… % (incl. GST) of one Week’s/Fortnight’s/Month’s/Year’s rent

(tick only one) __ Fixed Amount of $ ……………….. (incl. GST)

                        __ Other: ……………………………………………………………………………

c. Fee Amount:  $ …………. plus GST of $ …………. Total Payable: $ ………….. (incl. GST)

Landlord agrees to the Letting Fee being charged as indicated above.

Landlord Initials: ………………

 

Item 9

9.1

Letting Fee:

The Agent’s Letting Fee will be calculated using one of the following methods:

[Tick only one]

__ ………% of $ …………………… *(being the gross annual rent)

*Fee expressed as an actual dollar amount would be:

Letting Fee: $ ……………. plus GST of $ ……….…. Total Fee Payable: $ ………….. (incl. GST)

__ Fixed Fee of $ …………... plus GST of $ …….……. Total Fee Payable: $ …...…… (incl. GST)

__ Other: …………………………………………………………………………………………………………

Landlord agrees to the Letting Fee being charged as indicated above.

Landlord Initials: ………………

9.3

Lease Renewal Fee:

The Agent’s Lease Renewal Fee will be calculated using one of the following methods:

[Tick only one]

__ ………%  of $................................* (being the gross annual rent)

*Fee expressed as an actual dollar amount would be:

Lease Renewal Fee: $ …….…. plus GST of $ ………… Total Fee Payable: $ ………. (incl. GST)

__ Fixed Fee of $ …………... plus GST of $ …….……. Total Fee Payable: $ …...…… (incl. GST)

__ Other: …………………………………………………………………………………………………………

Landlord agrees to the Lease Renewal Fee being charged as indicated above.

Landlord Initials: ………………

 

Item 10.2

The Landlord agrees to pay or reimburse the Agent the amounts listed as follows and/or as outlined in any attached annexures schedules  forming part of this Appointment:  (initial where applicable)

Description of Expense

(if insufficient room, attach schedule annexure)

Amount and Method for Calculating

(eg. $ per hour)

(Amounts are inclusive of GST)

Monies Payable and Date Due

Landlord Agrees (Initial)

Agent’s Code of Conduct Article 20(2) - advertising costs (see Clause 7.4)

maximum of $ ……………..….

 

 

Advertising/ marketing as per Item 10.1

maximum of $ ……………..….

 

 

Entry Condition Reports


 

 

Postage and Petties


 

 

Bank Charges


 

 

 


 

 



 

 



 

 

 

Item 11 Heading

DISPUTES MAKING A COMPLAINT

 

Item 12

RESIDUAL CURRENT DEVICES / SMOKE ALARMS  

12.1

Residual Current Devices (RCDs): not less than 2 RCDs are installed in relation to the Property in compliance with the Electricity Regulations 1947:                                      __ Yes __ No

(Residential premises must have at least 2 RCDs installed before being leased.)

12.2

Smoke Alarms: are installed on the Property in compliance with the Building Regulations 2012:

__ Yes __ No

(Owners of all houses and units (domestic dwellings) being rented in Western Australia must install and maintain smoke alarms in compliance with Section 60(2) of the Building Regulations 2012 as amended.)


 

Item 13

ADDITIONAL INSTRUCTIONS

 

 

Item 14

SPECIAL CONDITIONS (if insufficient space attach schedule)

 

 

Item 15

SIGNATURES

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

 

Signature of Landlord(s):                 Date:                                                               Date:

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

 

…………………………………………    …… / …… / ……  ……………………………….    …… / …… / ……

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

 

Signature of Agent:                         Date:

……………………………………….      …… / …… / ……

Important Note:

All parties should sign annexures and initial any alterations to this Appointment (Failure to do so does not invalidate this Appointment).

 

Item 15

SIGNATURES

By signing this Appointment each party acknowledges having received a copy of this Appointment and has had the opportunity to obtain professional advice with respect to this Appointment and each party acknowledges it is bound by the Terms of this Appointment.

 

Signature of Landlord(s):

Landlord (1): ……………………………………  Name: ……………………………… Date: …… / …… / ……

Landlord (2): ……………………………………  Name: ……………………………… Date: …… / …… / ……

Landlord (3): ……………………………………  Name: ……………………………… Date: …… / …… / ……

Signed by the Agent:

Signature:    ……………………………………….                                                 Date: …… / …… / ……

 

Item 16

A true copy of this Appointment must be given to the Landlord(s) immediately after signing it’s signed.

__ Copy received by the Landlord(s): Date received: …… / …… / …… Landlord(s) initials: ………………

 

Clause 1.1

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

(3)

Appointment: this Open Leasing Appointment consisting of the Item Schedule and Terms of Appointment and any additional schedules that may be attached.

this Appointment of Agent, consisting of:


(a)

the Item Schedule for Open Leasing Appointment of Agent;


(b)

the Terms of Appointment; and


(c)

any additional annexures, schedules or documents that may be attached.

(4)

Code of Conduct: means Code of Conduct for Real Estate and Business Agents and Sales Representatives 2016.

(5)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2011 including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

(6)

GST Act: refers to the A New Tax System (Goods & Services Tax) Act 1999.

(7)

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

(8)

Introduced: means where the Property has been presented, shown or offered by any medium, to a prospective tenant.

(10)

Landlord: means the party or parties named in Item 1.

(11)

Letting Fee: monies due paid to the Agent as provided detailed in Item 9.2 on a Tenant entering into an initial tenancy agreement when the Agent finds and selects a new Tenant.

(13)

Property: means the property as described in Item 3.

(14)

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

(17)

Term: means the period set out and determined in accordance with Item 5.

 

Clause 2

By signing this Appointment the Landlord warrants and confirms:

(1)

being authorised and having the legal capacity to enter into this Appointment; and

(2)

the Property, the subject of this Appointment, is to be used as a residential premises within the definition of the Tenancy Act.

 

Clause 2

By signing this Appointment the Landlord(s)  warrants and confirms having the authority to grant the Agent letting rights of the Property.

 

Clause 3

3.1

In consideration of and in accordance with the terms of this Appointment, the Landlord appoints the Agent (and authorised employees) as a non-exclusive Agent for the duration of this Appointment to lease the Property for the Landlord and the Agent agrees.

3.2

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

3.3

In carrying out the duties and services specified in this Appointment 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.

3.4

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

 

 

Clause 4.1

The Agent must make all reasonable efforts to ascertain or verify the Material Facts in respect to the Property. It shall be reasonable for the Agent to rely on the information provided by the Landlord in accordance with Clause 5.1.

 

Clause 4.4

The Agent will comply with the Codes of Conduct prescribed under the Act or to which the Agent otherwise subscribes.

 

Clause 4.6

The Agent is authorised and directed to let the Property as detailed in Item 6 and otherwise act in accordance with this Appointment, and/or as further instructed in writing by the Landlord.  

 

Clause 4.7

The Agent will, subject to the Landlord’s written instruction, negotiate, finalise and where necessary execute on behalf of the Landlord, any tenancy agreement or amendments or variations thereto, including any other documents in relation to the tenancy agreement authorised by this Appointment.

 

Clause 5.2

The Landlord must ensure:

(1)

in addition to compliance with the Terms of this Appointment, compliance with the requirements of the Tenancy Act and all other relevant acts, legislation, by-laws, rules and regulations, local, state and federal; are complied with.

(2)

it has public liability insurance and be covered for a minimum of 10 million dollars.  Such policy must be maintained for the term of this Appointment and the Landlord must, upon request, provide a certificate annually confirming the currency of such policy;

(3)

compliance with Section 60(2) of the Building Regulations 2012 as amended (smoke alarms - see Item 12 of the Item Schedule); and

(4)

compliance with Section 14 of the Electricity Regulations 1947 as amended (Residual Current Devices – See Item 12 of the Item Schedule).

 

Clause 6.1(1)

the Agent is acting only in the capacity of a letting Agent and the Agent’s duties and obligations are limited to those as contained in this Appointment, subject to this Appointment and not otherwise;

 

Clause 6.2

The Landlord acknowledges and confirms the Agent is entitled to retain any rebates, and/or discounts and/or fees that relate to a service by a provided by another party with respect to a matter falling within the Agent’s obligations and authority under this Appointment stocktaker or tradesperson, or to advertising or a service provided by the Agent where the Agent has disclosed to the Landlord, by separate notice in writing, the full nature, extent and amount of such rebates, and/or discounts and/or fees.

 

Clause 7.1

Where Fees, Charges and Expenses are provided for in Items 9 and 10 or otherwise authorised in writing by the Landlord, for the performance of services (more particularly outlined in Item 6), the Agent shall be entitled to:

(1)

a Letting Fee should a tenancy agreement be entered into for the Property:


(a)

during the term of this Appointment, where the Agent Introduced the Property to the Tenant and was the effective cause of the Tenant entering into the tenancy agreement; or


(b)

within 30 days of the expiry or termination of this Appointment, where the Agent Introduced the Property to the Tenant during the term of this Appointment and was the effective cause of the Tenant entering into the tenancy agreement; and

(2)

other Fees, Charges and Expenses for services authorised and performed during the term of this Appointment.

 

Clause 7.1

The Agent is entitled to a Letting Fee as set out in Item (9.1) should the Agent introduce a Tenant during the Term of this Appointment who enters into a tenancy agreement with the Landlord.

 

Clause 7.2

All Fees, Charges and Expenses to which the Agent is entitled:

(1)

will be in the amounts set out in Items 9 and 10 respectively, or otherwise authorised in writing by the Landlord, and include any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Landlord; and

(2)

unless otherwise specified in Items 9 and 10, will be payable upon provision by the Agent of a tax invoice or statement of account.

 

Clause 7.3

The Agent will not be entitled to Fees (Item 9.2) after the expiration of this Appointment where subject to Clause 7.1(1)(b), this Appointment has been properly terminated the Landlord has signed an exclusive appointment with another Agent prior to the Property being let.

 

Clause 7.3

The Agent is entitled to 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 Landlord) as set out in Item (10).

 

Clause 7.4

Such Fees for services will be due and payable upon execution of the tenancy agreement between the Landlord and the Tenant.

 

Clause 8.1

The Agent having complied with its obligations under this Appointment and not having been negligent, the Landlord indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment from (including Fees and Expenses) which the Agent may suffer or incur in respect of:

(1)

the Landlord’s failure to comply with this Appointment and/or Applicable Legislation; or

(2)

the Landlord’s failure with respect to this Appointment to give the Agent prompt and appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or

(3)

the Agent, in compliance with this Appointment, acting in the capacity of the Landlord under this Appointment; or

(4)

the Landlord’s non compliance with the provisions of Clauses 5.1 and 5.2; or

(5)

otherwise arising out of this Appointment; or

(5)

injury to any person accessing the Property or damage to personal belongings on the Property (except in the case of negligence on the part of the Agent); or

(6)

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.

 

Clause 8.3

The Landlord acknowledges that the Agent is acting only as a licensed Real Estate agent and is not responsible for reporting any matters (including defects latent or otherwise) other than those that are readily apparent.

 

Clause 9

Termination

9.1

This Appointment may be terminated in accordance with Item 5.

9.2

Either party may, where the other party is in breach of this Appointment, give written notice to the other party specifying the breach complained of and requiring the party against whom the breach is alleged to rectify such breach within 7 days of service of the notice (breach rectification period) and:


(1)

either party may, prior to expiration of the breach rectification period, refer the matter to mediation or arbitration in accordance with Clause 10; or


(2)

where Clause 9.2(1) does not apply and the breach has not been rectified within the breach rectification period, this Appointment may be terminated by the party alleging the breach giving 7 days written notice of termination.

9.3

In the case of a fundamental breach the Appointment may be terminated forthwith.  

9.4

Any termination shall be without prejudice to either party's rights under this Appointment.

9.6

Upon expiry or termination of this Appointment all monies owing under this Appointment must be paid or reimbursed up to and including the expiry or termination date of this Appointment on a pro rata basis if necessary.

 

Clause 14

Dispute

In the case of a disputes not being in relation to a breach of this Appointment either party may serve on the other a notice containing full details of the dispute in which case both parties will use their best endeavours to settle the dispute without recourse to litigation and may refer such dispute to mediation or arbitration by any relevant professional or government body or authority, provided however in the case of Arbitration the matter will be referred to a single arbitrator appointed by the President of the Institute of Arbitrators in the State of Western Australia pursuant to the Commercial Arbitration Act 2012.

The provisions of this clause do not limit either party’s rights with respect to other legal remedies.

 

Clause 10

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 Appointment.

 

Clause 11

Provision of Appointment

Each party has received a copy of and understands this Appointment and has had the opportunity to obtain professional advice with respect to this Appointment and each party acknowledges it is bound by the terms of this Appointment.

 

Clause 13

Related Documents / Notices / Electronic Communication

13.1

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

13.2

A Related Document to be served on any party under this Appointment 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 Appointment; 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 Appointment; or


(4)

by electronic communication to the party at the appropriate electronic address as stated in this Appointment; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 13.2(1) to (4) above.

13.3

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.

13.4

A document sent by electronic communication will be deemed to have been received in accordance with Section 14 of the Electronic Transactions Act 2011.

13.5

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

13.6

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.

13.7

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.

13.8

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

 

Clause 15

Severability

If a provision of this Appointment is held to be void or unenforceable by any court of competent jurisdiction then such provision may be excised from this Appointment which, in all other respects, will remain in full force and effect.

 

Clause 16

Applicable Law

This Appointment is governed in accordance with the laws of Western Australia and any dispute in relation thereto shall be determined in accordance with such laws.

 

24 Jul 2017 v2.2

Additions / Changes:

 

Item 10.2

The Landlord agrees to pay or reimburse the Agent the amounts listed as follows &/or as outlined in any attached schedules forming part of this Appointment:  (initial where applicable)

Description of Expense

(if insufficient room, attach schedule)

Amount & Method for Calculating

(eg. $ per hour)

(Amounts are inclusive of GST)

Monies Payable & Date Due

Landlord Agrees (Initial)

Agent’s Code of Conduct Article 1720(2) - advertising costs (see Clause 7.5)

maximum of $ ……………..….

 

 

Advertising/Marketing as per Item 10.1

maximum of $ ……………..….

 

 

Entry Condition Reports


 

 

Postage and Petties


 

 

Bank Charges


 

 



 

 



 

 



 

 

 

Clause 7.5

The Agent is entitled to reimbursement or payment of the Agent’s Code of Conduct Article 1720(2) advertising costs where the Landlord has agreed to such reimbursement in Item (10.2) of the Item Schedule.

 

08 Aug 2016 v2.1

Additions / Changes:

 

Item 3

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

Lot No.:   …………. on Plan/Deposited Plan/Diagram/Strata-Survey/Strata

Deposited Plan/Survey Plan/Strata Plan/Survey-Strata Plan/Diagram: ……………………………….

Certificate of Title Reference: ………………… Area: …………. (approx.) Volume/Folio: ……………………

Volume: ………………………………. Folio: ……………………………….

Local Government: ……………………………………………………………… __ Furnished __ Unfurnished

 

Clause 5.3

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Landlord is not to deface, damage or remove such label.

 

Clause 12

Safety

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Landlord is not to deface, damage or remove such label.

 

13 Jul 2015 v2.0

Additions / Changes:

 

Item 5.2

Such termination will be without prejudice to either party’sies existing rights, duties or obligations.

 

Item 9

Landlord Agrees changed to Landlord Initials

 

Item 10.1

Advertising & Marketing: The Landlord authorises the Agent to advertise/market the Property as set out below:                                                                                         Landlord Initials Agrees: .....…….…

 

Item 10.2

The Landlord agrees to will pay to or reimburse the Agent the amounts listed as follows below &/or as outlined in any attached schedules forming part of this Appointment: (initial where applicable)

Landlord Agrees: …….........….…

 

Item 12

Heading

SPECIAL CONDITIONS (if insufficient space attach schedule)

The Landlord and the Agent agree to the following Special Conditions

 

Item 13

SIGNATURES

By signing this Appointment each party acknowledges having received a signed copy of this Appointment and has had the opportunity to obtain professional advice with respect to this Appointment and each party acknowledges it is bound by the Terms of this Appointment.

 

Clause 8.1

The Agent having complied with its obligations under this Appointment and not having been negligent, the Landlord 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 Landlord’s failure to comply with this Appointment; or

(b)

the Landlord’s failure with respect to this Appointment to give the Agent appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or

(c)

the Agent acting in the capacity of the Landlord under this Appointment; or

(d)

the Landlord’s non compliance with the provisions of Clause 5.1; or

(e)

otherwise arising out of this Appointment; or

(f)

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.

The Landlord’s indemnity does not extend to the Agent where the Agent has been negligent or is in default of this Appointment.

 

Clause 12

Safety

Where a product, fixture or fitting provided with the Property has a warning label or safety instructions attached the Landlord is not to deface, damage or remove such label.

 

11 Jun 2015 v1.9

Copyright statement updated.

 

12 Mar 2014 v1.8

Additions / Changes:

 

Clause 11

Privacy Statement

11.1

The Agent collects and uses personal information provided by you as the Landlord 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.

11.2

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

11.3

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

(1)

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

(2)

property data collection agencies; and/or

(3)

Strata Companies & financial institutions; and/or

(4)

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

(5)

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 complying with legislative and regulatory requirements.

11.4

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

11.5

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

11.6

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

 

11 Sep 2012 v1.7

Additions / Changes:


Clause 8.1

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:


Clause 10

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 Appointment.


Clause 11.2(2)

property data collection agencies; and/or

 

01 Nov 2011 v1.6

Additions / Changes:


Item 10.2

Description of Expense

(if insufficient room, attach schedule)

Amount & Method for Calculating

(eg. $ per hour)

(Amounts are inclusive of GST)

Monies Payable & Date Due

Landlord

Agrees

(Initial)

Agent’s Code of Conduct Article 17(2) - advertising costs (see Clause 7.5)

 

maximum of $ …………….....

 

 

 

Advertising/ marketing as per Item 10.1

 

maximum of $ …………….....

 

 


Clause 7.5

The Agent is entitled to reimbursement or payment of the Agent’s Code of Conduct Article 17(2) advertising costs where the Landlord has agreed to such reimbursement in Item (10.2) of the Item Schedule.

 

28 Sep 2011 v1.5

Additions / Changes:


Item 11

The Landlord may seek assistance from the Commissioner for Consumer Protection in relation to disputes as to the Letting Fees (Commission) or other valuable consideration to be received by the Agent

 

07 Jul 2011 v1.4

Additions / Changes:


Item 11

The Landlord may seek assistance from the Commissioner REBA (Real Estate & Business Agents Supervisory Board) in relation to disputes as to the Letting Fees (Commission) or other valuable consideration to be received by the Agent.

 

22 Jun 2011 v1.3

Additions / Changes:


Item 2

Licensee: ..............………………………………………………………………………………………..…………

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

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

Service of Documents Address: ...………………………………………..…………………………………………

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

Contact: ……………………...............................……..………….. Triennial No.: .....................................

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

Licensed: Real Estate & Business Agent/ Real Estate Agent/ Business Agent


Clause 10

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 Appointment.


Clause 11

11.1

The Agent collects and uses personal information provided by obtained from you as the Landlord to provide the services required by you or on your behalf.

11.2

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


(1)

potential tenants; and/or


(2)

data collection agencies; and/or


(3)

Strata Companies & financial institutions; and/or


(4)

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


(5)

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.

11.3

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

11.4

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.