Appointment as a property agent (SALE)

Purplebricks Australia ABN 53 611 543 081

Level 18, 225 George St, Sydney, NSW 2000

Licence number:

QLD: 4033381

VIC: 078990L

NSW: 10051568

  • There are no additional conditions, limitations or restrictions on the performance of the service other than those contained in this Agreement..
  • This is an OPEN LISTING agency Agreement – you may terminate at any time in writing:
  • You retain the right to appoint other agents without penalty or any extra fees charged by us
  • You are still liable to all Advertised Rates and Advertising Fees & Charges in accordance with this Agreement despite termination and whether or not you appoint other agents
  • You will be provided with full details of all Advertised Rates and Advertising Fees & Charges BEFORE you Appoint us
  • WARNING: You are advised to seek independent legal advice before accepting this Agreement.

Introduction

This Agreement set outs the terms and conditions applicable to your use of our Products and Services and, to the extent that no separate prescribed form of agency agreement is required by Applicable Law, our appointment as your agent for the sale of the Property.

We encourage you to print off a copy of this Agreement and refer to it as you use our Products and Services.

IMPORTANT: If the Property is situated in a state or territory where a prescribed form of agency agreement is required by Applicable Law, we require you to complete and sign the prescribed form required by Applicable Laws, in addition to agreeing to these terms and conditions. This is a condition for the provision of our Products and Services under this Agreement. We cannot commence providing the Products and Services in connection with your Property until we receive any applicable prescribed forms that must be signed. In that case, we will not put the Property On the Market and will in no way be liable to you for any delay, costs, liabilities or expenses as a result.

If your property is in NSW, this agreement incorporates the sales inspection report which we will provide to you shortly after we have inspected the Property. This Agreement remains in force from the date you sign this Agreement and is not limited by the absence of the sales inspection report or any other additional documents which may be required under law

To the extent this Agreement covers the same subject matter as a prescribed form of agency agreement or subject matter that may only be included in a prescribed form of agency agreement, the prescribed form of agency agreement will prevail and the relevant provisions in this Agreement will not have any effect.


What do capitalised words and phrases mean in this Agreement?

“Accompanied Viewings” means subject to this Agreement, we will accompany a potential purchaser who has booked an appointment at a mutually convenient time, to view the Property.

“Account” means your account that we operate and you control within the Online Platform. For the avoidance of doubt, this includes the area where you instruct Purplebricks and manage the process of a sale, purchase, let and/or rent (including all marketing services).

“Advert” means how your property is to be displayed in advertising and marketing which may include (subject to the nature of the Products and Services) photographs, descriptions, key features and floor plans.

“Advertised Rates” means the charges for the Products and Services, which unless otherwise agreed by negotiation with us, are as follows:

Fees charged: Cost AU (including GST)
To Appoint Purplebricks $4,500.00/ $5,500 NSW
Accompanied Viewings service (in addition to the initial fee to Appoint) $550.00
Auction (in addition to the initial fee to Appoint) $1000.00/ $ 1,100 NSW

“Advertising fees & charges” means any advertising fees, costs and charges that are not included as part of the Products and Services.

“Agreement” means this document, including any report schedule or annexure to it together with any specific information about you and your Property, entered into the Online Platform as part of your application to Appoint us to advertise and market the Property.

“Applicable Laws” includes any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or bylaw whether commonwealth, state, territorial or local.

“Appoint” means you have appointed us to advertise and market your Property with a view to selling the Property and have or will take advantage of the Products and Services and paid the Advertised Rates.

“Approved Conveyancer” means the conveyancer approved from time to time by Purplebricks to provide the Conveyancing Services.

“Auction” means a public sale of the Property where the Property is sold to the highest bidder.

“Auctioneer” means a suitably qualified and experienced auctioneer who is appointed or will be appointed by Purplebricks (acting on your behalf) to conduct the Auction.

“Business Day” means a day that is not a Saturday, Sunday or public holiday in the State or Territory where the Property is to be marketed.

“Commencement Date” means the date and time you sign this Agreement and appoint or instruct Purplebricks in respect of the sale of your Property.

“Content” means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online Platform, whether through the Website and/or Online Platform or uploaded manually.

“Contract for Sale” means the contract for the sale of the Property required by law or by us before the Property is able to go On the Market.

“Conveyancing Services” means property conveyancing services provided by such firm or firms who are part of a panel of solicitors or lawyers introduced by us to you from time to time for any reason.

“Deferred Payment Date” means the date where any of the following first occurs:

  • On completion of the sale of the Property and the legal process is complete (Settlement has occurred); or
  • If you change your mind after the Cooling Off has expired and you have signed this Agreement; or
  • If you withdraw your instructions for us to market the property; or
  • If you choose not to use the Conveyancing Services; or
  • Twelve months from the date when you agree to use our Products and Services.

“Deposit” means such sum of money as is required, paid or transferred to Purplebricks or an agreed third party with a view to securing the purchase of the Property.

“GST” means GST as defined in the A New Tax System (Goods And Services Tax) Act 1999 as amended (“GST Act”) or any replacement or other relevant legislation and regulations.

“Indirect Losses” means an indirect or consequential loss (not being a loss which arises naturally as a result of a breach of an Agreement or other event the subject of the relevant claim, including loss of profits or revenue, loss of opportunity, loss of goodwill or loss of reputation.

“Interruption” means any form of interruption to the ability of Purplebricks to provide or operate the Online Platform, the Systems or Products and Services.

“Local Property Expert” means a licensed real estate agent operating as a sole trader or corporation under licence from Purplebricks.

“Marketing Review” means from time to time we will arrange a mutually convenient date and time to review and discuss your marketing, price, number of viewings, nature and extent of any offers to purchase the Property and to provide advice on future marketing strategy for the Property.

“Marketing Upgrade” means you have selected to purchase a listing upgrade to the standard listing we provide on either www.realestate.com.au and/or www.domain.com.au

“On the Market” means that a Property is advertised on www.realestate.com.au, www.domain.com.au and on www.purplebricks.com.au and any other online real estate website specified by Purplebricks from time to time.

“Online Platform” means the Systems provided to you in accordance with this Agreement to manage the Products and Services.

“Open Listing” means that the agreement for the marketing and sale of your Property with us is non-exclusive, that we do not prevent you from appointing other agents to market and sell your Property and that we will not charge you any extra fees or commissions if your property is sold through another agent or agency.

“Pay Later Terms” means the terms and conditions specified in section 2 of this Agreement in relation to the option to pay the Advertised Rates on the Deferred Payment Date rather than on or about the time of entry into this Agreement.

“Pay Later” means where you have not chosen to Pay Now and have agreed to the Pay Later Terms when you Appoint Purplebricks.

“Pay Now” means you pay for the Products and Services when you Appoint Purplebricks and have not chosen to Pay Later.

“Post-Sales Support” means liaising with you, the potential purchasers of the Property and the legal advisors to assist and support the transaction where possible through to Settlement.

“Privacy Policy” means the Privacy Policy as amended from time to time and published on the Website and Online Platform.

“Products and Services” means the products and/or services offered from time to time by Purplebricks within the Website or via the Online Platform or such other promotions, materials and advertisements from time to time.

“Property” means the property you have instructed or intend to Appoint Purplebricks to market on your behalf pursuant to this Agreement.

“Provider” means Ratesetter Australia RE Limited (ABN 57 166 646 635), 14 Martin Place, Sydney NSW 2000 or such other provider as is notified to you from time to time.

“Purplebricks”, “we”, “us” or “our” means Purplebricks Australia Pty Ltd (ACN 611 543 081) trading as Purplebricks Australia with its registered address at Level 18, 225 George St, Sydney 2000.

“Related Entity” has the meaning given to it under the Corporations Act 2001 (Cth).

“Settlement” means the formal legal completion of the sale of your Property.

“Systems” means the Website and complimentary or subscribed (following a payment) access to the Online Platform.

“Terms of Use” means the terms and conditions for using the Website and Online Platform as published from time to time on the Website./p>

“Website” means www.purplebricks.com.au including all systems and all software and processes hosted therein including the Online Platform.

“You” means the individual/s, company/ies, trust/s, partnership or other entity/ies executing this Agreement as the legal owner/s of the Property the subject of this Agreement.


1. Appointing Purplebricks

Products and Services

The complete details (including the Advertised Rates) of the Products and Services are detailed on the Website.

When you Appoint us we will provide you with the following (subject to the terms of this Agreement):

  • A dedicated Local Property Expert who will help and support you as much as possible until Settlement;
  • Such advice in relation to the local property market as you may request and that we are professionally qualified, able and permitted to provide;
  • Preparation of the Advert including the write up and floorplan;
  • Professional photography;
  • A free Purplebricks for sale board (if included as part of the Products and Services that you have selected to obtain in connection with our appointment);
  • Access to the Website and Online Platform and such features as they provide which may vary from time to time;
  • A standard listing on www.realestate.com.au and www.domain.com.au and www.purplebricks.com.au or such other online real estate website as we specify from time to time;
  • The ability to contact us 24 hours a day by telephone;
  • Marketing Reviews from time to time;
  • We will, if you request us to do so negotiate some or all of any offers you might receive from potential purchasers of the Property;
  • Where you appoint us on the basis that you would like your Property to be offered for sale by Auction, we will appoint an Auctioneer, set up and be present throughout the Auction;
  • Post-Sales Support through to Settlement; and
  • Such other help and support as is reasonably necessary and possible prior to Settlement.

Optional additional services (for which additional fees will be incurred) including Accompanied Viewings of your Property by potential buyers and Marketing Upgrades may be offered from time to time.

All owners of the Property

You confirm and warrant that you Appoint us with the complete knowledge, consent and agreement of: (i) each and all of the legal owners of the Property (unless you are duly authorised to act for or on behalf of a legal owner who does not have the capacity to grant such consent); and/or (ii) any occupiers; and (iii) any person or organisation who has an interest in the marketing and/or sale of the Property. Further, you confirm and warrant that you have all relevant authorities and authorisations as are necessary or required to enable you to acquire the Products and Services. You warrant that you have provided us with all relevant facts and information relating to the property which a purchaser would consider material.

Identity Checks

We will collect some information from you to conduct identification checks in accordance with Applicable Laws, and good practice. We will ask each and every one of the legal home owners selling the Property, together with any person acting as an attorney or executor for any legal home owner, to provide us with two forms of identification, one being photographic and the other based on address. Your Local Property Expert will advise further on the identification required. We will only collect and use the provided identification in accordance with Applicable Laws.

If you choose the Pay Later option (see section 2 below), you agree and authorise us to share any provided information and identification with the Provider.

Type of Authority

This agreement and the appointment of Purplebricks is non – exclusive. You may appoint other real estate agents on similar terms to give yourself complete flexibility and choice. This is an Open Listing agency agreement.

Warning: Have you signed an agency agreement for the sale of your property with another agent? If you have signed an agency agreement with another agent but you sell your property through us, you may still be liable to pay the other agents’ commission if the other agreement is a sole or exclusive agency agreement.

Authority Period

You agree that we are appointed as your non-exclusive agent for the sale of the Property, commencing from the date that you sign this Agreement until such time as the Property is sold or this Agreement is terminated by either party giving 30 days’ notice in writing, but without prejudice to either party’s rights accrued or obligations incurred prior to the effective date of the termination.


2. What fees will we charge you?

Unless otherwise agreed by negotiation with us, we will charge you the Advertised Rates for the Products and Services. The Advertised Rates include GST are fixed irrespective of the price at which your Property is sold.

In addition, we reserve the right to charge for our costs incurred in providing credit card facilities if you choose to use a credit or debit card to pay for the Products and Services. Our charge for using a credit or debit card to make payment of the Advertised Rates will be specified on the Online Platform at the time that you elect to pay any fees and charges under this Agreement by credit or debit card.

Once:

  • this Agreement is entered into;
  • you have paid the Advertised Rates for the Products and Services in accordance with this Agreement; and
  • the Cooling Off Period has expired,

the Advertised Rates will become non-refundable, irrespective of whether your Property is ultimately sold as a result of the provision of our Products and Services.

You acknowledge that we have informed you prior to entering into this Agreement that the scope of the Products and Services, Marketing Upgrades and additional advertising Services as well as the Advertised Rates or other fees payable in respect of those services are negotiable.

WARNING: A commission or fee is payable under this Agreement even if the sale of the property is not settled.

If your property is in NSW, You warrant that you have not entered into a sole or exclusive agency agreement with another real estate agent. We reserve the right to decline providing you with our Products and Services if this is the case.

Please speak to your Local Property Expert should you require further information or help.

How do you pay the Advertised Rates?

We may offer different methods of payment from time to time. You may be given the option to:

  1. Pay Now; or
  2. Pay Later

for the Advertised Rates.

Additional further fees and charges, for example the Advertising fees and charges, may be imposed if you request any of these additional services (see section 3).

Option - Pay Now

If you choose to Pay Now you will be required to provide us with your credit or debit card details, such as the name on the card, card number, start date, expiry date, security code or issue number. We use a third party service provider to administer our payment service and any payment information you provide will be forwarded onto the third party service provide for the purpose of making payment. We do not collect or store your credit card details. We will obtain approval for an amount equal to the Advertised Rates payable in respect of the Products and Services you have selected. We will then debit that amount from your card at the time of billing. Billing occurs at the time of, or shortly after you complete your online transaction to Appoint us in accordance with the terms of this Agreement. To the extent your personal information is collected or retained by our payment service provider their privacy policy will apply.

You will be billed notwithstanding any cooling-off period that may apply following our entry into this Agreement with you. See section 17 below in relation to how any payments under this Agreement will be applied following termination during the cooling off period.

Option - Pay Later

IMPORTANT INFORMATION - PLEASE READ

If you choose the Pay Later option you are obligated to make payment in full for our services on the Deferred Payment Date. You agree and authorise us to first make payment of all sums due or owing to us and the Provider before sending any balance to you from the Deposit on Settlement.

If you choose the Pay Later option, we will provide you with the ability to do so subject to the Pay Later Terms. The Pay Later option is offered to you by the Provider.

In order to use the Pay Later option, you agree that we can disclose to the Provider such information as we request from you on the Online Platform when you acquire Products and Services from us, and when any event occurs that represents a Deferred Payment Date. The Provider may also provide to us any such information or data as you have provided them to enable us to provide the Products and Services (including any decision by the Provider not to offer the Pay Later option or any outstanding balance due to the Provider from time to time) so as to enable us to provide you or continue to provide you with the Products and Services.

You acknowledge and agree that the Provider may choose to carry out additional identity and regulatory checks with the information you have provided to us on the Website or Online Platform from time to time. You authorise us to provide the Provider with the details that you have provided to us to enable the Provider to carry out such checks or to reach a decision on whether it will provide you with the Pay Later option.

In the event that the Pay Later option is not available or offered to you for any reason by the Provider or us, you must elect to use the ‘Pay Now’ option. In the event that the Property has been loaded onto the Website and is On the Market and the Provider cannot offer the Pay Later option and you are unable or unwilling to use the Pay Now option, we reserve the right to immediately take the Property off the market, remove the Property from the Website, remove the Property from any other real estate websites or advertising and claim payment from you in full of the Advertised Rates.

Conveyancing Services

It is a condition of the Pay Later option that you agree to acquire the Conveyancing Services to produce the Contract of Sale for the Property, as and when required and once a sale is agreed with a purchaser. You agree that you will instruct the Approved Conveyancer to make payment in full to the Provider at Settlement for the Products and Services used under this Agreement, if you have not already made payment in accordance with the Pay Later Terms.

If you initially choose the Pay Later option and then at a later time decide not to take advantage of the Conveyancing Services at any time, you will be required to pay an additional fee of AUD$360.00 (including GST) in addition to the Advertised Rates, when you agree a sale of the Property with a purchaser Purplebricks may deduct this amount from the Deposit or payment may be taken via a credit or debit card where you have supplied the details and authorisation for this payment previously.

The Pay Later option is only available to natural persons who are Australian residents. Pay Later may also be available to companies, businesses, partnerships, charities, trusts and such other organisations as may be accepted by the Provider from time to time in its discretion.

The Pay Later option does not apply to our lettings Products and Services and payment for these services must be made in accordance with the terms and conditions of the lettings Products and Services chosen.

If you do not wish to use the Conveyancing Services, then we recommend you select the ‘Pay Now’ option.


3. Agreement to pay Advertising Fees & Charges

You will be charged separately for all advertising that is not included as part of the Products and Services. We will provide you with a choice as to any additional advertising you may require and we will provide you with the applicable price (including GST) for each requested additional advertising service before you are required to select whether to use these additional advertising services. The price will be the price outlined on our Website and Online Platform at the time of electing to receive these additional services.


4. Payment details

When you acquire any of our Products and Services by choosing the Pay Now option, a third party service provider may collect some additional information from you such as the name on the credit or debit card, card number, start date, expiry date, security code or issue number for the purpose of processing the agreed payment. If you have chosen to Pay Later, this information may be passed on to that additional information to the Provider. Any credit card information will be stored by the third party service provider and/or the Provider. We do not collect or store your credit card details. If you acquire any additional Products and Services in the future, you will have the option to use the same card again (in which case we will then obtain that card information from the third party service provider). You can choose not to have your card information stored should you so wish. If you believe you have been billed in error you should notify us immediately by emailing accounts@purplebricks.com.au.


5. Cancellations and refunds

IMPORTANT INFORMATION - PLEASE READ

Once you have agreed to acquire Products and Services, you will be liable to pay Purplebricks the total value of the Products and Services, whether you choose to Pay Now or Pay Later (subject to any rights during the cooling off period referred to below and any other Applicable Laws).

If you have chosen the Pay Later option, you will not pay for the Products and Services until payment is due, in accordance with the Pay Later Terms.

If you wish to cancel or withdraw from any of the Products and Services you may do so at any time. We are entitled to payment in accordance with the Pay Later terms should you cancel or withdraw your Advert or any Products and Services and we will not under any circumstances provide a full or part credit in respect of Advertised Rates in such circumstances. You may withdraw your Advert at any time by clicking on the ‘remove advert’ icon on your property page in the Online Platform. In certain circumstances, you may be able to re-list the Property within a designated period after your withdrawal. We will provide you with further details at the time you seek to withdraw or relist your Advert.

We will notify the Provider in the event of a cancellation or withdrawal because such circumstances will result in payment being collected from you.

We may charge you further Advertised Rates to reinstate any removed or suspended Products and Services at a later date.


6. Method of Sale

You will be required to confirm whether you wish to sell the property by private treaty or by Auction. Different Products and Services will be required for the sale of the Property, depending on which option you choose. The Advertised Rates payable in respect of the Property will also vary depending on the method of sale.

Sale by Private Treaty

If you choose to sell the Property by private treaty you will be required to notify us of the price for the Property that we will include in the Property Advert and all agreed advertising. You are not obliged to accept an offer if the offer is for the advertised selling price. You are entitled to change the selling price at any time before you agree to sell the Property to a purchaser and before they have paid a Deposit for the Property.

Sale by Auction

If you choose to sell your Property by Auction we will need to instruct an Auctioneer. An additional charge will apply where you elect to sell by Auction. This fee is set out in the Advertised Rates and will also be notified to you on the Online Platform when you make the election as to whether to sell the property by private treaty or auction. You will be charged this auction fee in addition to the initial upfront fee detailed in the Advertised Rates. We will need to fix a date for the Auction and agree a guide price for the property to enable it to be listed on the Website and made available on other online property portals such as www.realestate.com.au, www.domain.com.au and www.puprlebricks.com.au. We will not display the price on any of these online portals. However, we need to know the minimum price you want to achieve so the Property can be declared to be On the Market on the day of the Auction once that minimum price has been reached.

Specific rules apply to the sale of property by auction. You will be legally obliged to sell the property to the highest bidder once the Auction commences and after the minimum price has been reached.

If you would like to receive and consider bids for the Property prior to the Auction, you will need to inform us. If you accept an offer prior to Auction you will be liable to pay us for any viewings services utilised, as well as any costs we incur related to the Auction (even if it is cancelled), for example the cost of the Auctioneer in full or part, depending on the time of cancellation.


7. The contract for sale

In accordance with Applicable Laws and good practice, you agree to have a Contract For Sale produced for your Property and provided to us before the Property will be placed On the Market. Until such time as you have provided us with a Contract For Sale we will not put the Property On the Market and will in no way be liable to you for any delay, costs, liabilities or expenses as a result. Your failure or refusal to provide us with a Contract For Sale does not in any way reduce or eliminate your liability in accordance with this Agreement to pay the Advertised Rates or the Advertising Fees & Charges for the Products and Services.

In the event that you have chosen to ‘Pay Later’ a Contract for Sale will be drafted for you by the firm providing the Conveyancing Services. They will contact you to confirm your instructions and to take payment from you for any disbursements or costs associated with producing the Contract For Sale.

If you have chosen to ‘Pay Now’ and you are not using the Conveyancing Services, you should immediately inform your solicitor or conveyancer to draft a Contract For Sale and provide it to us.


8. Deposit

The Deposit received from the buyer of the Property will be paid to us. We will hold the Deposit in our trust account, in accordance with all Applicable Laws and the Contract for Sale for the Property. We will hold the Deposit until Settlement or until such time as we are instructed by you and those who provided the deposit to release it in accordance with your joint agreement and instruction to us.

On Settlement, we will pay the Provider from the Deposit (if applicable) and deduct any fees, costs or charges due to us (if applicable) and then send any surplus to you. In the event that there is a shortfall, we will notify you of the amount and will request that it is paid to us, or such other party as we agree, immediately.

We will distribute any interest earned in respect of the Deposit in accordance with Applicable Laws and any contract of sale for the Property.


9. Promotional Activities

Approving your Advert

If you acquire the Products and Services and a Local Property Expert creates your Advert, you will be notified by us as soon as the Advert is available for your approval. We always aim to do this as soon as reasonably practicable.

You are solely responsible for descriptions, photographs, floor plans and information that you upload (“Your Content”). You warrant that Your Content is accurate, current and is in no way misleading. You also warrant that you own all proprietary rights to Your Content and that Your Content does not infringe on any copyright, property right, trademark or any other applicable right. We may screen Your Content and if any of the information you provide or approve is or is found to be in breach of this Agreement, it will be removed immediately and you will be subject to the terms and indemnities contained in the Terms of Use and this Agreement. There will be no full or part credit in respect of Advertised Rates under these circumstances.

Guide to photographs

We provide professional photography for the Property offered for sale as part of the Products and Services. You will also be able to upload additional photographs from time to time subject to the terms and conditions set out in this section of the Agreement.

Photographs uploaded to the Website must only show your property for marketing purposes.

To ensure the best quality images, please be sure to follow the recommended settings as you upload your photographs:

  • Photographs must be no more than 10MB in size and the maximum number you can upload and/or save for each property is 25 in total.
  • You may use the tools in the Online Platform to crop, rotate or re-size the photographs and you may change the order in which they appear on the Website. You are wholly responsible for such changes.
  • You can create photobooks within the Online Platform and these can be distributed by email or social media and will be saved in the Online Platform.

Any photographs uploaded in breach of the terms applicable in this section of the Agreement, or which do not comply with the Terms of Use will be treated as a breach and may result in your Account being suspended and/or terminated, the Property withdrawn from the market and a report being made to the relevant authorities (if applicable).

We will examine any photographs that you uploaded in advance of the photographs becoming live on the property portals and the Website. We will have personnel available 24 hours a day to ensure that there is little or no delay in photographs becoming live on the property portals and the Website.

We reserve the right to refuse to allow any image to be uploaded, made live or presented on any marketing or property portal or the Website, if we consider in our absolute discretion that such photograph or image is inappropriate, inaccurate, misleading or likely to cause distress or embarrassment to anyone viewing the image.

IMPORTANT: professional photography - cancellation or change of appointment

In the event that we are providing or you have chosen to purchase professional photography for your Property and Purplebricks has been booked for the professional photographer to attend the Property and take the photographs, should you wish to cancel or change the date or time that has been booked, you may be required to pay such additional costs or charges incurred or levied by the photographer in advance of the new date of the appointment or upon cancellation. You will not be required to pay more than the additional fees that the photographer charges Purplebricks in such circumstances.

Advertising and Marketing

We may advertise and market your property on any property portals, websites or publications that we consider will be the most effective at securing interest in the Property from potential purchasers, in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at any time, in our absolute discretion.

IMPORTANT: Marketing upgrades and charges

Where you have chosen to take a Marketing Upgrade, we will charge an additional 5% including GST of the total costs of the Marketing Upgrade to cover bank charges, administration and expenses in providing and putting in place the Marketing Upgrade. You agree to this Marketing Upgrade charge being made and retained by us.

Signage

Where you Appoint us to sell your Property, we will arrange for one complimentary ‘For Sale’ sign to be erected at your Property (if included as part of the Products and Services that you have selected to obtain in connection with our appointment). All subsequent signage boards will be charged at the Advertised Rates in force from time to time and published on the Online Platform.

Where we provide a complimentary ‘For Sale’ sign, you acknowledge:

  • All boards belong to us, although it is your responsibility to ensure that they are kept safe and secure and preserved for collection once the Property is sold or is withdrawn from the market;
  • If, as a result of your action, or failure to keep the board safe for collection, we cannot collect a board that we are able to use again, we will charge you for the replacement the board at the Advertised Rates in force at that time; and
  • The sign may be generic and will not be required to include photographs or specific information about your property.

You acknowledge that we are not responsible for any liability, damages or injuries incurred as a result of the erection of the signage.

Arranging Viewings

You may use the Online Platform to specify the time(s) that your Property is available for viewing. Subject to any Interruption and the availability of viewing times specified by you, we will arrange and record viewings through the Online Platform. You will be notified immediately when a viewing is booked. We will provide you with the name of the person(s) who wishes to view the Property, together with the date and time.

If we are conducting the viewings on your behalf, you will still be notified of the above information.

If you acquire the viewings service offered by us, we will conduct all of your viewings for a fixed price as advertised from time to time. Under these circumstances, it is your responsibility to ensure that the Property is ready and prepared for the viewing, is in a safe condition and that the Local Property Expert has access to the property at the date and time of the viewing.

If we have conducted a large number of viewings on your behalf and you have received regular feedback to suggest that the price of the property is too high, we will conduct a Marketing Review to discuss the best way forward. We reserve the right to withdraw the viewings service at any time but only where we consider that it is unreasonable to expect us to continue the viewings service taking into account the number of viewings and the feedback received. There will be no full or part credit in respect of Advertised Rates under these circumstances.

Keys

If you acquire the viewings service that we offer, you agree to supply us with two sets of keys for all lockable doors, cupboards and areas that form part of the Property. We will store these in a safe and secure locked cabinet at the premises of the Local Property Expert.

Empty properties

If your Property is empty when it is offered for sale using the Products and Services, you agree that you will conduct regular security and condition checks from time to time. We will not be responsible for conducting any checks on your behalf.

Recording your viewing availability

Subject to any Interruption, if you have chosen to conduct your own viewings you may enter details into the Online Platform of times and dates which are convenient to you. This will enable prospective purchasers to choose a date and time to suit them. You will be notified when a viewing is booked. Where a viewing is requested outside of this availability, the Online Platform will ask that you confirm the viewing. It is your responsibility to do this promptly.


10. Feedback

We will request feedback from every person who has viewed or was due to view your property. We will prompt them for feedback at least three times unless they confirm that they do not wish to provide feedback. You can track these requests in the Online Platform.

The feedback will be made available for you to read as soon as it has been provided and will be exactly as provided by the person providing the feedback. The Online Platform gives you transparency and access to this information.

Offers

Subject to any Interruption, we will report offers to you immediately on receipt of the offer. The prospective purchaser or tenant’s details will be requested and provided to you automatically at the time the offer is made. The information will be made available in exactly the form in which it is received from the potential purchaser or tenant through the Online Platform.

We will undertake such reasonable checks as are possible to ensure the offer made meets our criteria for a sale to proceed.

You may elect whether to accept the offer, reject the offer, reject and negotiate or, you can opt for your Local Property Expert to negotiate everything on your behalf at no extra cost. These options will be made available to you each time you receive an offer.

We will always act on your behalf and negotiate the best possible offer for your property, without any conflict of interest.

In the event that you are selling the Property by Auction any bids for the Property at Auction will be subject to the Auction rules, in particular any minimum bid/reserve necessary for the Property to be considered On the Market to be sold.

Sales

Once a sale is agreed, we will provide you with advice and assistance as we consider reasonably necessary, in accordance with our Post Sale Charter. We believe in helping and supporting all of our customers with any issues in the period between a sale being agreed and the date of Settlement.

If you have chosen to Pay Later we will notify the Provider once a sale is agreed and again when contracts have exchanged and upon Settlement.


11. Disclosure of conflict of interest

We will always inform you as soon as we become aware of anyone making an offer for your property where that person is in any way connected with Purplebricks; whether they are employed, a contractor, family member or providing services to us. In the event that you are aware of there being any personal interest in your Property from anyone connected with Purplebricks, you should notify us immediately. We will then make such enquiries as we consider necessary and provide you with a notification in writing of the nature of the personal interest. If such a person is prohibited from purchasing your Property by any Applicable Law we will inform you of that fact. If the offeror is not prohibited by any Applicable Law from purchasing your Property, you will have the sole discretion to decide whether you wish to deal with the person or persons concerned. We will never knowingly permit any offer to be made or sale agreed with someone connected to Purplebricks unless we have provided you with written notice and we only have received your consent to proceed with the sale. This written notice will ordinarily be displayed when you review the offer.

For the avoidance of doubt, we shall have the right to decline to provide the Products and Services for the Property if doing so would conflict with the interest of Purplebricks and we will refund to you any fees we may have already charged to you.

Before your Advert is published at the start of your sale/leasing campaign, we will ask you whether you are in any way connected with us; whether you are employed, a contractor, family member or providing services to us. This will be disclosed to all potential purchasers or tenants.


12. Third party companies

We will introduce to you, the buyer / tenant or any prospective buyer / tenant (where we deem appropriate and / or necessary) third party services (“the Third Party services”) such as mortgages, insurance, letting services and conveyancing but only where we reasonably believe that the Third Party services being provided are in the best interests of you, the buyer / tenant or prospective buyer / tenant and further that the third party companies are capable and required to, provide an exceptional service.

Subject always to any Applicable Laws or restrictions:

  1. - we may, receive commission for introducing you but only when you agree to acquire such Third Party services;
  2. - you may elect in your discretion whether to use such Third Party services (other than in accordance with the terms of Pay Later where you are required to use the Provider and the Conveyancing Service - see section 2 above); and
  3. - you expressly agree and accept that in the event that we introduce a Third Party service from a third party company, that we may accept a payment or commission as a result of that introduction.

Where requested, we will instruct on your behalf third parties to provide the Third Party services advertised by Purplebricks. You will be made aware of the identity of the provider of the Third Party services that the relevant third party will be responsible for providing. Whilst we will make all reasonable efforts to ensure that the third parties provide you with exceptional service, we cannot and do not accept any liability for the conduct and service of the providers of the Third Party services acting on your behalf. Your contract for those services is with the third party service provider.

In order to continue to offer exceptional value for money when selling your property we may, subject to any Applicable Laws or restrictions, enter into arrangements with third parties who will pay us a commission or rebate in respect of any products or services you purchase from them. By entering into this Agreement you give express consent to us, subject to any Applicable Laws, being paid a commission or a rebate as a result of recommending or referring those products and services. In the event that you acquire any products or services where a commission or rebate is to be paid to us, you will be provided with further information.

In order to meet the costs of our fees when you choose the Pay Later option, we require you to use the Conveyancing Services. We will receive a commission from the Approved Conveyancer.

As at the date of this Agreement, we receive the following rebates and commissions in respect of products and services we purchase from third parties, or products and services that we require you to obtain from specified third parties:

  • Lawlab - 15% of the total fee payable to Lawlab (excluding disbursements);

We comply with all Applicable Laws in connection with the receipt of commissions and rebates received from third parties and the manner in which we deal with those rebates and commissions.


13. Availability of the Products

Whilst we will make all reasonable efforts to ensure that the Products and Services are available at all times, we do not guarantee, represent or warrant that your access to any of the Products and Services will be uninterrupted or error-free.

We will always make all reasonable efforts to ensure that all Your Content will be secure. We cannot guarantee that your access to the Website and/or the Online Platform will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website, the Online Platform and their servers are free of computer viruses, trojans, spyware and other harmful material; You should back up your own system periodically to ensure that all Content available to you and located within your Account, is available to you in the event of any loss or damage as Purplebricks reserves the right to remove or suspend all or any part of the Content, at any time in accordance with these terms.

Please read the Terms of Use for further information.


14. Liaibility for Products and Services

You agree to release us (and our related entities) from all liability (including liability for negligence) for any loss or damage (including direct, indirect, special or consequential loss) arising out of or connected with the sale of the Property, the use of our Products and Services and any additional services you have elected. To the extent permitted by law, Purplebricks’ (and its Related Entities’) liability is limited to the supply of our Products and Services again or the payment of the cost of having our Products and Services supplied again.

We will not be responsible under any circumstances for any Indirect Losses, or for any loss caused or contributed to by you or people associated with you.

You indemnify us against:

(a.a) any loss or damage incurred or suffered by us as a result of your breach of any of your obligations under this Agreement;

(a.b) any claim or action which may be brought against us or our employees, agents or contractors in respect of personal injury or death of any person which is caused or contributed to by you;

(a.c) any damage to, or loss or destruction of property, arising from the use of the Products and Services; and

(a.d) any claims made and actions taken against us as a result of us providing the Products and Services, which is caused or contributed to by you.

Any limitations or exclusions in this Agreement relating to any term, condition or warranty, express or implied, or our liability, will only apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies where to do so would be prohibited by statute.


15. Provision of personal information

For the effective use of the Products and Services we will be providing relevant parties with certain personal information about you. This will include your name, address, contact details, viewing availability, agreed sale price and position to proceed.

We will comply with the Privacy Act 1988 (Cth) (Privacy Act) in respect of all personal information (as that term is defined in the Privacy Act) about you (and any other legal owners of the Property) that we collect, hold, use and disclose under or in connection with this Agreement.

Please read the Terms of Use and our Privacy Policy for more information on how we handle and manage your personal information. The Privacy Policy does not form part of this Agreement and only applies to the extent that we collect, use and disclose your personal information. It is your responsibility to provide accurate up to date personal information through the Online Platform.

In the event that you choose to ‘Pay Later’, we will disclose to the Provider such personal information that we have collected or obtained from you via the Online Platform when you Appoint us and when any event occurs that represents a Deferred Payment Date.


16. Issues or Complaints

We take all issues and complaints very seriously. We aim to offer a first class experience to all of our customers and will try very hard to do so in every case. We welcome all forms of feedback. Please refer to our Complaints Process which provides helpful additional information.

If the Property is in Victoria, any complaint relating to commission or outgoings can be made to the Director, Consumer Affairs Victoria, GPO Box 4567, Melbourne VIC 3001 or by telephoning 1300 73 70 30. Unless there are exceptional circumstances, Consumer Affairs Victoria cannot deal with any dispute concerning commission or outgoings unless it is given notice of the dispute within 28 days of the client receiving an account for, or notice that the agent has taken the amount in dispute, whichever is later.


17. Cooling off period

You have a cooling off period under this Agreement. If you do not wish to continue with this Agreement after entering into it, you can cancel it the following day by notice to us, except when the following day is a Sunday or a public holiday, in which case your notice will be taken to have been given on a Monday or the next business day. The notice must be provided in writing to the person named below. You may use the form of notice set out below.

Notices to be sent to: Andrew Harris at andrew.harris@purplebricks.com.au

To: Operations Director

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract in relation to the sale of my property at ...

Signed:
Name:
Address:
Date:

If you cancel this Agreement during the cooling off period and in accordance with the terms of this Agreement and Applicable Law, we will refund to you any fees already charged to you. Please allow up to 5 Business Days for us to process the refund. We will not charge you any further fees following your notice to us.


18. Electronic signatures

This Agreement may be executed in any number of counterparts, including counterparts in electronic form, counterparts executed using electronic signatures and counterparts executed by way of a ‘clickwrap’ execution method (including by a user clicking on the ‘I agree’, ‘I accept’ or similarly labelled button on the Website or the Online Platform). Each counterpart is an original but the counterparts together are one and the same agreement. This Agreement will be formed when we have communicated our acceptance of your electronic execution to you (which may be by electronic or automated means).

A copy of an original executed counterpart sent by email or stored in electronic form:

  • must be treated as an original counterpart;
  • is sufficient evidence of the execution of the original; and
  • may be produced in evidence for all purposes in place of the original.

By executing this Agreement in any of the ways described above, you:

  1. consent to the use of an electronic system (including a ‘clickwrap’ execution method) to meet any signing requirements in respect of this Agreement and the sale of your Property;
  2. agree that this system is sufficiently reliable and appropriate for this purpose;
  3. acknowledge and agree to the use of the email address that you have provided as the method to identify you and to indicate your intention in relation this Agreement being signed using an electronic system (including a ‘clickwrap’ execution method); and
  4. warrant that the email address that you have provided is personal to you and is not shared with any other person.

19. Goods and services tax (GST)

Unless GST is expressly excluded, the consideration to be paid or provided under any other clause of this Agreement for any supply made under this Agreement includes GST.

To the extent that a party is required to reimburse or indemnify another party for a loss, cost or expense incurred by that other party, that loss, cost or expense does not include any amount in respect of GST for which that other party is entitled to claim an input tax credit.

In this clause 19:

  1. words or expressions used in this clause which have a particular meaning in the GST law (as defined in the GST Act), any applicable legislative determinations and Australian Taxation Office public rulings, have the same meaning, unless the context otherwise requires;
  2. any reference to an input tax credit entitlement of a party includes any corresponding GST input tax credit entitlement of the representative member of any GST group of which that party is a member.

20. General

Notices

A notice or other communication connected with this agreement (notice) has no legal effect unless it is in writing.

In addition to any other method of service provided by Applicable Law, the notice may be:

  1. sent by prepaid priority post to the address of the addressee set out in this agreement or subsequently notified;
  2. sent by email to the email address of the addressee set out in clause 1, or subsequently notified; or
  3. delivered at the address of the addressee set out in this agreement or subsequently notified.

If the notice is sent or delivered in a manner provided by clause 1, it must be treated as given to and received by the party to which it is addressed:

  1. If sent by post, on the 3rd business day (at the address to which it is posted) after posting;
  2. If sent by email before 5pm on a business day at the place of receipt, on the day it is sent and otherwise on the next business day at the place of receipt; or
  3. If otherwise delivered before 5pm on a business day at the place of delivery, upon delivery, and otherwise on the next business day at the place of delivery.

In the case of Purplebricks, the email address for notices is andrew.harris@purplebricks.com.au

In the case we need to provide you with a notice, the email address for the notice will be taken to be the email address you provided at the time of entering this Agreement.

Entire understanding

This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement and supersedes any prior agreement or understanding on anything connected with that subject matter.

Variation

An amendment or variation to this Agreement is not effective unless it is in writing and signed by the parties.

Waiver

A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

A waiver is not effective unless it is in writing.

Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

Further assurance

Each party must promptly at its own cost do all things (including executing and if necessary delivering all documents) necessary or desirable to give full effect to this Agreement.

Governing law and jurisdiction

The law of the State or Territory in which the Property is to be marketed governs this Agreement and both parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and of the Commonwealth of Australia.

Severability

If any provision in this Agreement is unenforceable, illegal or void or makes this Agreement or any part of it unenforceable, illegal or void, then that provision is severed and the rest of this Agreement remains in force.

If any provision in this Agreement is unenforceable, illegal or void in 1 jurisdiction but not in another jurisdiction or makes this Agreement or any part of it unenforceable, illegal or void in 1 jurisdiction but not in another jurisdiction, then that provision is severed only in respect of the operation of this Agreement in the jurisdiction where it is unenforceable, illegal or void.


21. Further information and legal advice

WARNING: YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THIS AGREEMENT

This Agreement enables you to appoint us to undertake the marketing, advertising and sale of your Property. You should seek legal advice if you are unsure about any aspect of this Agreement or the fees you are being charged then do not accept this agreement. If you still have some concerns after obtaining your own legal advice, then do not accept this Agreement.

You acknowledge that you will seek your own financial and investment advice.

WARNING: Any financial or investment advice provided by Purplebricks is general advice and does not take into account the individual circumstance of the vendor or the vendors’ objectives , financial situation or needs.

We recommend that before Appointing us, you review the relevant consumer information relating to the appointment of a real estate agent, as set out on the website of the applicable state or territory regulatory authority:

www.consumer.vic.gov.au

www.qld.gov.au

If your property is in NSW, you acknowledge that before Appointing us, you have been provided with a copy of the approved Consumers Guide ‘Agency Agreements for the sale of Residential Property’ on the date of this Agreement. The guide is available for download here

http://www.fairtrading.nsw.gov.au/Factsheet_print/Tenants_and_home_owners/Selling_property/Using_an_agent/FTR32_Agency_agreements.pdf