• This agreement may be terminated by either party giving seven days notice in writing but without prejudice to either parties rights accrued or obligations incurred prior to the effective termination.

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• i. The Agent is authorized to identify and recommend potential properties to the Principal pursuant to the terms and conditions set out in the statement of Property details above (or as amended)

  Yes   No
  ii. The Agent is authorized to negotiate on behalf of the Principal for the purchase of the Property pursuant to the terms and conditions set out in the statement of Property details above (or as amended)

  Yes   No
  iii. The Agent is authorized to bid on behalf of the Principal at the auction of a prospective Property approved by the Principal in writing. This clause may be varied in writing.

  Yes   No

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• • A non-refundable retainer fee of $(includes GST). See attached schedule
  • The Principal acknowledges that the Agent shall be entitled to a buying fee of $ (includes GST) and the Principal hereby agrees to pay the fee in accordance with this Agreement in the event that the Agent introduces to the Principal a vendor of a Property or the Property and the Principal:
    • enters into a contract for the purchase of the Property;
    • procures another person or entity to enter into a contract for the purchase of the Property (whether by novation or otherwise);
    • where the Property is owned by a company, enters into a contract for the purchase of any shares of that company;
    • where the Property is owned by a company, procures a further person to enter into a contract for the purchase of any of the shares of that company (whether by novation or otherwise);
    • by any other means whatsoever becomes the legal and beneficial owner or both of the Property; or
    • where the Property is owned by a company, by any means whatsoever becomes the legal and beneficial owner or both of any of the shares of that company.
  • After the 30 day Satisfaction Guarantee period, a termination fee of (the full engagement fee only) is payable by the Principal if the agreement is terminated.
  • The Agreed Fee in 3 ii is due and payable by the Principal on exchange of any of the contracts referred to in (a) to (f) above or on completion of the transfer of the legal or beneficial ownership or both referred to in (e) and (f) above or upon demand if any of the contracts referred to in (a) to (d) above or the transfer of the legal or beneficial ownership or both referred to in (e) and (f) above are not completed owning to the default of the Principal.
  • The parties also expressly agree that the Agent shall also be entitled to payment of the agreed buyers fee in 3 ii if the vendor of a Property or a Property is introduced to the Principal by the Agent at any time prior to the termination of this Agreement, and the Principal satisfies any of the requirements set out in 3 ii (a) to (f) months after such termination.

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• The Principle is liable for any building/pest inspections, strata searches and legal conveyancing. The Principal agrees to advance the funds for such, or reimburse the costs to the Agent upon receipt of an invoice.

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• The services to be provided by the Agent and any fees or expenses payable by the Principal to the Agent pursuant to this agreement cannot be varied except as agreed by the Principal in writing.

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• The Agent shall be entitled to be reimbursed for any taxes or deductions debited by banks or other financial institutions against the Agent's account and attributable to the affairs of the Principal.

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• The Agent is not authorized to enter into or sign a contract for sale on behalf of the Principal, unless they hold a power of attorney as instructed by the client.

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• Unless otherwise instructed, the Agent may allow other agents to act in conjunction with them in order to effect a purchase but only one fee will be payable.

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• The Agent shall not perform any other services in connection with the purchase other than as specified in this agreement (or as amended).

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• Any amounts referred to in this agreement which are payable by the Principle to the Agent in respect of services provided by the Agent under this agreement, including reimbursement of expenses, are expressed inclusive of the Goods and Services Tax (GST), at the rate of 10% (the current rate). If the current rate is increased or decreased, the parties agree that any amounts referred to in this agreement will be varied accordingly.

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• The Principal will hold and keep indemnified the Agent against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Agent in the course of or arising out of the proper performance or exercise of any of the powers, duties or authorities of the Agent under this agreement.

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• The Principal acknowledges that any financial or investment advice provided by the Agent to the Principal is of a general nature only whose preparation does not take into account the individual circumstances, objectives, financial situation or needs of the Principal. The Principal is advised to consult with their own independent financial and/or investment advisor.

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• • The Principal warrants that the Principal has supplied the Agent in writing with all material facts in respect of the Principal's proposed Property acquisition.
  • In this clause “material fact” has the same meaning as it has in Section 52 of the Property, Stock and Business Agents Act 2002.

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• The Agent uses personal information collected from or about the Principal to act as the Principal's Agent and to perform their obligations under this agreement.
  The Agent may also use such information collected to promote the services of the Agent and/or seek potential clients. The Agent may disclose information to other parties including advisors, media organizations, property data service providers, on the internet, to potential vendors, or to clients of the Agent both existing and potential, as well as to parties engaged to evaluate the Property, owners' corporations, valuers, government and statutory bodies and financial institutions.
  The Agent will only disclose information to other parties as required to perform their duties under this agreement, to achieve the purposes specified above or as otherwise allowed under the Privacy Act 1988. If the Principal would like to access this information, they can do so by contacting the Agent at the address and contact numbers contained in this agreement.

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• In respect of any expenses to be incurred by the Principal or the Agent on behalf of the Principal pursuant to this agreement, the Agent discloses that the Agent may receive the following rebates, discounts or commissions from third parties.

  Name of Third Party	Estimated Amount of Rebates, Discount or Commission
  Aspley Jandera Super/Mortgages/Accountants/Financial Planners	$Nil - good will
  Fitzgerald &Sons - moving company	$Nil
  Building/pest inspectors, Strata search companies	$ Nil