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Item 1
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Licensee: ..............………………………………………………………………………………………..…………
Name/s: .........………………………………………………………………………………………………………..
Business Address: .…………………………………………………………………………………………………..
Service of Documents Address: ...………………………………………..…………………………………………
ABN: ………............………….... Phone: ……………...………............ Mobile: …………...……….............
Email: ………..….....…...…………………….............................………..…....……………………...............
Contact: …………………….............................………..….....…............................................................
Triennial Certificate Licence No.: .........................................................................................................
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Item 2
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CONJUNCTIONAL AGENT
Licensee: ..............………………………………………………………………………………………..…………
Name/s: .........………………………………………………………………………………………………………..
Business Address: .…………………………………………………………………………………………………..
Service of Documents Address: ...………………………………………..…………………………………………
ABN: ………............………….... Phone: ……………...………............ Mobile: …………...……….............
Email: ………..….....…...…………………….............................………..…....……………………...............
Contact: …………………….............................………..….....…............................................................
Triennial Certificate Licence No.: .........................................................................................................
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Item 3
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PROPERTY (copy details from Agency Appointment)
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Item 4
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SELLER (optional) (copy details from Agency Appointment)
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Item 5
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PROSPECTIVE PURCHASER
Name/s:.............................................................................................................................................
Email:........................................................................................ Phone:.............................................
Address:............................................................................................................................................
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Item 7
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AGENCY AUTHORITY - PARTICULARS
7.1 Term of <Exclusive/General Authority Period: ….. days commencing on: …./ …/ ……
7.2 Non Exclusive Authority Period (if applicable): ………………………………………. days
7.3 Vendor’s <Sale/Reserve> Price: $ ………………………..
7.4 Vendor’s Preferred Settlement Period…………………… days from date of Contract
7.5 Selling Fee: $ ………………….. plus GST of $ ……………. Total Fee Payable: $ ………….. (incl GST)
based on sale price of: ………………………………………………………………………………(excl. GST)
7.6 The Selling Fee is based on the Sale Price and calculated using the method of calculation as provided in the Appointment.
Note: The actual Selling Fee will be based on the actual sale price.
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Item 8
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8.1 Conjunction Period: Commences Starting: …… / …… / …… Concludes Ending: .................................
(if no date inserted concludes on expiry of the Listing agent’s Appointment.
8.2 Gross Selling Fee negotiated by the listing Agent and the Seller: ……….......………….. (including GST)
Selling Fee Apportionment (see Clause 5):
(The Listing Agent will pay the Conjunctional agent’s apportionment of Selling Fee upon Settlement of the Contract of Sale and upon receipt of such monies the Conjunctional agent will supply the Listing Agent with a tax invoice for the full amount)
__ Listing Agent: ..................% Conjunctional Agent: .....................%
OR
__ ......................................................................................................................................................
8.3
Expense
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Amount (Include GST)
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8.4 Agreement terms accepted by Conjunctional agent: __ Yes __ No
Inspection Conditions (if applicable):
Additional / Amended Conditions (if applicable):
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Item 9
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AGENT’S DUTIES (If insufficient room attach schedule) Clauses 3.1 and 4.1
Specify the party responsible for performing the following duties in respect to this Agreement:
Duty
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Performed By
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Listing Agent/ Conjunctional Agent/ Both
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Listing Agent/ Conjunctional Agent/ Both
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Listing Agent/ Conjunctional Agent/ Both
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Listing Agent/ Conjunctional Agent/ Both
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Listing Agent/ Conjunctional Agent/ Both
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Listing Agent/ Conjunctional Agent/ Both
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Where both parties are to perform a duty provide further details.
Further Details:
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Item 10
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INTEREST PAYABLE BY LISTING AGENT ON OVERDUE MONIES Clause 7
Interest Charged: __ Yes __ No (if 'yes' complete below)
__ (a) Rate prescribed in accordance with the Civil Judgements Enforcement Regulations 2005.
OR
__ (b) Rate in (a) + …………% per annum (Eg. The Agent’s overdraft default rate may represent the actual cost of funds)
(Note: if a higher rate than (a) is charged it must not be unfair)
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Item 11
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Note: This Agreement does not come into effect until signed by both parties
Signature of Listing Agent Signature of Conjunctional Agent
........................................................................... ..............................................................
Date: ..../..../.... Date: ..../..../....
SIGNED BY THE LISTING AGENT on ..../..../....
1) Signature:.............................................................................................
........................................................................................................................................................
Print name of person signing
SIGNED BY THE CONJUNCTIONAL AGENT on ..../..../....
2) Signature:.............................................................................................
........................................................................................................................................................
Print name of person signing
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Clause 1.1
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All communications (including offers and otherwise) with the Seller and all property inspections must be made exclusively through the Listing Agent.
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Clause 1.2
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This Agreement can only be terminated by:
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(1)
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instruction to do so from the Seller; or
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(2)
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agreement between the Listing Agent, Conjunctional agent and the Seller; or
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(3)
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termination (including expiry) of the Selling Appointment between the Listing Agent and the Seller.
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Clause 1.3
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The Listing Agent warrants that they have full authority under their appointment as Listing Agent to enter into this Conjunction Agreement.
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Clause 1.4
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The Conjunctional agent acknowledges it is acting through the authority of the Listing Agent and must not contravene the conditions of this or the Listing Agent’s Appointment.
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Clause 1.5
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The Listing Agent or Conjunctional agent must not contravene the provisions of Section 64 of the Real Estate and Business Agents Act 1978 with respect to obtaining a beneficial interest.
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Clause 1.6
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The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically to the party at an appropriate electronic address as stated in this Agreement 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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Clause 1
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Definitions
In this Agreement, the following terms mean:
(1)
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Act: the Real Estate and Business Agents Agents Act 1978 (as amended).
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(2)
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Agreement: This Conjunction Agreement, consisting of:
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(a)
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the Item Schedule
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(b)
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the Terms and Agreement; and additional annexures, schedules or documents that may be attached.
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(3)
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Appointment: The written Appointment of Agent between the Listing Agent (Item 1) and the Seller (Item 4) authorising the Listing Agent to act on the Seller’s behalf to sell the Property (Item 3).
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(4)
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Business Day: Any day other than a Saturday, Sunday or public holiday in the State of Western Australia.
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(5)
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GST: where used in this Agreement, has the meaning used in A New Tax System (Goods and& Services Tax) Act 1999 and “GST” includes any applicable rulings issued by the Selling Feeer of Taxation.
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(6)
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Parties: means the Listing Agent and the Conjunctional Agent.
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(7)
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Regulation: the Real Estate and Business Agent (General) Regulations 1979
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Note: Acts which should be considered in relation to this Agreement include:
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Australian Consumer Law and Fair Trading Act 2012
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Competition and Consumer Act 2010 (Cth)
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The Act
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(8)
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Selling Fee: The selling fee negotiated between the Listing Agent and the Seller in the Appointment, which selling fee is to be apportioned in accordance with Item 8.2 between the Listing Agent and Conjunctional Agent under the terms of this Agreement.
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Clause 2
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Agreement
By signing this Agreement, the Listing Agent and Conjunctional Agent agree:
(1)
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to conjunct in accordance with the terms of this agreement and the Appointment for the benefit of the Seller named in Item 4.1.
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(2)
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all communications (including offers and otherwise) with the Seller must be made through the Listing Agent.
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Clause 3
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Listing Agent Obligations and Authority
3.1
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The Listing Agent will:
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(1)
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carry out its duties as listed in Item 9. Any services provided will be appropriate and carried out with all reasonable due care and skill and in a fit and proper manner.
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(2)
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comply with the Agreement and will not breach or make any alterations to the Authority without having first notified the Conjunctional Agent and having obtained the Conjunctional Agent’s written consent.
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(3)
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when requested in writing, by the Conjunctional Agent, promptly provide a copy of the Seller’s written authority authorising Selling Fee sharing with the Conjunctional Agent.
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(4)
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comply with its obligations under the Authority with the Seller and not breach or cause the obligations to be changed in any way that may prevent the Agent from recovering Selling Fee and other monies under the Appointment.
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(5)
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comply with all relevant Acts and Regulations associated with the Appointment.
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(6)
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forthwith upon payment of the Selling Fee to it, notify the Conjunctional Agent.
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3.2
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The Listing Agent confirms:
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(1)
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It has entered into, has complied with and is not in breach of the terms of a valid and legally binding Authority in compliance with the Act, with the Seller to sell the Property.
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(2)
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It has obtained the Vendor’s written consent to enter into this Conjunction Agreement.
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(3)
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particulars of the Authority are as set out in Item 7 of the Item Schedule.
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Clause 4
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Conjunctional Agent Obligations and Authority
4.1
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The Conjunctional Agent will carry out its duties as listed in Item 9. Any services provided will be appropriate and carried out with all reasonable due care and skill and in a fit and proper manner.
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4.2
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Throughout the term of this Agreement, the Conjunctional Agent agrees it must not contravene any provisions of the Listing Agent’s Appointment with the Seller.
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4.3
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The Conjunctional Agent agrees all communications (including offers and otherwise) with the Seller must be made through the Listing Agency.
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Clause 5
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Selling Fee Apportionment
5.1
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The parties confirm, prior to signing this Agreement the Listing Agent advised the Conjunctional Agent that expenses and Selling Fee payments were subject to negotiation.
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5.2
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The Conjunctional Agent, having observed its obligations and duties under this Agreement and not being in breach, shall be entitled to its portion of the Selling Fee as set out in Item 8.2.
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5.3
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Notwithstanding the term of this Agreement may have concluded, the Conjunctional Agent will be entitled to its portion of the Selling Fee if the Property is sold to a buyer introduced to the Property by the Conjunctional Agent, during the term of this Agreement.
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5.4
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The Conjunctional Agent will, at or before Settlement, provide an invoice to the Listing Agent for the Selling Fee and any authorised Expenses (Item 8).
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5.5
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The portion of the Selling Fee to which the Conjunctional Agent is entitled (in accordance with Item 7.2) and any authorised Expenses (Item 8.3) will be payable as soon as practicable after Settlement of the Contract of Sale but in any case, not more than 2 Business Days after receipt of the invoice for same by the Listing Agent.
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5.6
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Selling Fee may only be apportioned between the Listing Agent and Conjunctional Agent named in this Agreement. Selling Fee sharing with other parties will not occur without the Conjunctional Agent’s prior written approval.
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Clause 6
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Breach and Termination
Termination of this Agreement will occur:
(1)
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by agreement between the Listing Agency and Conjunctional Agency;
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(2)
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on completion or expiry of this Agreement or the Authority in accordance with the Act;
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(3)
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where there is a breach of this Agreement or the Authority by either party; or
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(4)
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on expiry of the term, as provided by item 7.1.
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Clause 7
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Interest on Overdue Monies
Where the Listing Agent has received the Selling Fee monies from the Vendor, a failure by the Listing Agent to pay the Conjunctional-Agent Selling Fee monies when due will attract Interest from the due date for payment, to the date of payment, at the rate prescribed in Item 10.
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Clause 8
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Authority to Sign
Where this Agreement is executed by a person on behalf of either the Listing Agent or Conjunctional Agent, the signing party will, upon request, by either party, produce evidence of authority to sign.
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Clause 9
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Notice
9.1
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Any notice to be served on any party under this Agreement shall be in writing and may be served on that party:
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(1)
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by delivering the notice to the party personally; or
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(2)
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by leaving it for the party at the party’s address as stated in Items 1 or 2; or
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(3)
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by posting it to the party, by registered mail as a letter addressed to the party at the address as stated in Item 1 or 2; or
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(4)
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by electronic transmission in accordance with Clause 10 of this Agreement.
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9.2
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A notice so posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the notice would be delivered.
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9.3
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Notices must be served before 05:00pm on a Business Day, failing which, such Notice will be deemed to have been served on the next Business Day.
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Clause 10
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Provision of Documents
10.1
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By signing this Appointment the parties acknowledge having given prior approval, in accordance with the Electronic Transactions Act 2011, for electronic transmission of this Appointment and any related documents and communications (for signing purposes or otherwise) to a party at an appropriate electronic address provided by that party either in the Item Schedule to this Agreement or otherwise.
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10.2
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The parties agree and consent to execution, by any party, of documents electronically using a method provided by an electronic signing service provider.
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Clause 11
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Privacy Statement
11.1
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The Parties 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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11.2
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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.
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11.3
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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:
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(1)
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other Client/s, 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)
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Body Corporates and& financial institutions; and/or
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(4)
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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.
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11.4
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Without provision of certain information the Parties may not be able to act effectively or at all on their respective Client’s behalf.
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11.5
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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.
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11.6
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Each Party will provide (where applicable), on request, a copy of its Privacy Policy.
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11.7
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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.
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Clause 12
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Confidential Information
All information of a confidential nature disclosed or exchanged between the parties (including their agents, legal, financial and other advisors) may not be disclosed to any other party during or subsequent to the completion or termination of this Agreement.
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